Expert: Doctor Settlement - 4/30/2007

Question
In August of '06 I was rearended while at a red light, driving the company truck (during work hours).  I had 2 doctors appt and was referred to a physical therapist for 2 weeks.  They wanted three but I didn't go the third week due to no pay for lost work hours.  Worker's comp paid for doctors visit & therapy.  The other driver's insurance co (Hartford) sent me a letter stating they would pay worker's comp about $1200 and me $500.  I have not been in too much pain since the accident but I am 47 yrs old and am worried may start to have trouble later.  Just got a job 2 weeks
ago that is more physical than previous job. What advice can you give me?  Accept the $500 or what?  

Answer
Dear Ricky,

You have had long enough to heal or to know if you are going to have pains from your general work and play physical strains.  How does it feel at this time?

Here are some reasons I think you should just go back IN WRITING ONLY and document your problems and ask for $2,250 "new money" (i.e., in ADDITION to the medicals).

First, you quit physical therapy one week earlier than recommended, so that must be a sign that you were feeling pretty good at the time.

Second, I suspect that there is no prognosis of future problems.  Why are you worried about trouble later?  Is there anything in your doctor or PT records that would show any prognosis for future problems?  If not, then you can worry all you want, but you will not receive a dime for your worries since your records contain no mention of any future concerns.  

On the other hand, if your records do contain information regarding worries, then you best get that information highlighted for the adjuster.

Third, I sense that you are not a person who has taken the initiative to present your claim.  I guess that you have not send a demand letter, but instead you have just waited passively to let the adjuster take charge of the claim.

Thus, just make some written record of the problems you have had and counter offer at $2,250, with an aim to settle at $1,500 new money.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com