Expert: Doctor Settlement - 7/11/2007

Question
The insurance company has offered $1000 for settlement and told me she could only increase it to $2000 after I told her I thought it was unfair.
I was rear-ended by their insured driver in Feb. 2006. I was sitting still when the other vehicle hit my vehicle (she was also sitting still and then accelerated because she said she thought traffic was moving again). I received physical therapy 2x per week until May 2006.  I have also seen a doctor monthly who evaluates my condition.  He has released me from his care effective today (7/11/07).  The total medical expenses are around $3500.  The diagnosis is:
thoracic sprain and strain, sprain and strain of lumbosacral (joint) (ligament), neck sprain and strain, unspecified musculoskeletal disorders and symptoms referable to neck.

My 7 year old daughter was also in the vehicle and her medical bills totaled about $700.

I really do not know how to proceed from here.  Many people have told me to call an injury attorney but I haven't wanted to do that since I thought I could handle it.

Any advice will be welcome.  Also, do you feel their offer is fair?   How can I gage what is a fair offer?

Thank you.

Answer
Hi Alice,

It is hard to know what is a fair offer or not.  And that is even if the client is sitting in front of me and I am reading her medical reports.  Plus, if I sent you to any other attorney for her opinion, chances are it would be some ways off from mine.

It is an art, not a science, and there is a need to judge the client and her doctors.  

BUT, having said all of that, and without holding me to anything on this wild guess, even $2,000 in your pocket seems a bit on the light side.

I say that because you had good medical care, and you sustained some significant soft tissue injuries.  Those injuries will continue to bother you off and on for years as you do more physical activities.  

Can you honestly say that you are back to pre-accident condition?  I did not think so.

And what would happen if you got into a lot of summer physical activities with all of the strain on your body?   

Are you willing to let that go for $2,000?  No, I did not think so.  Hence, you now have defined the value of your claim: in essence, it is what the victim and the adjuster can agree it is, OR what a jury says it is worth.

Have you sent in an injury claim demand letter http://www.settlementcentral.com/page0170.htm

Take a look at some ideas that can aid you in preparing to take the initiative in this process.  I have given five steps to insurance claim settlements http://www.settlementcentral.com/page0014.htm

And don't forget that you have a special duty regarding  your minor child insurance claim http://www.settlementcentral.com/page8017.htm

What to do now?  I would first respond IN WRITING to the offer and tell the adjuster that it is clearly insufficient for your injuries and you wish to take the time to see how the injuries impact your work and summer.  Then I would read as much as you can and take control by sending out your own demand letter.  In your case, ask for over $10,000 IN ADDITION to the medical bills.  Those are serious injuries.

Best wishes,

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