QUESTION

How much settlement should I accept for an accident since I still suffer from back pain?

Asked on Sep 11th, 2013 on Personal Injury - Michigan
More details to this question:
I was in an accident hit from behind and was injured. I received treatment from a local doctor and insurance company wants to settle. What's the lowest settlement should I accept since I still suffer with some pain?
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11 ANSWERS

Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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As I've indicated in too numerous posts/answers to count, there is no way anyone can intelligently answer your question that has so few facts in that the value of any case is dependent on multiple variables. You would be best served by consulting local counsel to review all your facts/proofs to get a ballpark figure of the value.
Answered on Sep 12th, 2013 at 12:54 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It really depends on a lot of factors that you have not told me, especially, how serious is the injury and is it permanent? Some things to consider: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, ?I suffered two broken ribs, or ?I am now suffering back pain?, or ?I hurt my leg and had to have surgery? and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say ?I?m hurt?, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen?s terms, this is often referred to a ?being released by the doctor?. This term is most often used in the context of a worker?s compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury s
Answered on Sep 11th, 2013 at 8:10 PM

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Personal Injury Attorney serving Salt Lake City, UT at William Enoch Andrews Injury Lawyer
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You should not settle yet because you "still suffer from back pain." Contact an injury lawyer as he will make sure you get all the healthcare you need by referring you to doctor(s) you need to alleviate your back pain. Once that is done, the injury lawyer will help you get a good settlement.
Answered on Sep 11th, 2013 at 3:50 PM

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Thomas Edward Gates
Need more information. When did the accident occur. How damaged was your vehicle? Were you wearing your seat belt? Did you go to the ER right after the accident? What were the extent of your injuries? What treatment have you received? What did your doctor say about your recovery? Will you have long term effects or will you get better over time? Was there lost work time? You should not settle until your treatment is completed.
Answered on Sep 11th, 2013 at 3:43 PM

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Edwin K. Niles
This is one of the most common questions posed in this forum. Unfortunately, no attorney is likely to be able to answer without a great deal of additional information. My suggestion is that you have a (free) conference with a lawyer specializing in personal injury. Bring all your medical reports and bills.
Answered on Sep 11th, 2013 at 1:52 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Settlements are based on liability (how good? aggravated?) how much damage to cars?(small equals small injury to carriers) amount of doctor treatment? Doctor bills? what do drs say any permanency? Any future bills expected? Any wage or income loss? This is what lawyers do who handle such cases: evaluate and negotiate.
Answered on Sep 11th, 2013 at 1:19 PM

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Ronald A. Steinberg
What does your lawyer recommend. No one can answer this question without reviewing the facts of the accident, and all of the medical records. A case is worth whatever you can prove to a jury.
Answered on Sep 11th, 2013 at 12:56 PM

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Personal Injury Attorney serving Boise, ID at Caldwell Law Group, PLLC
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The value of each case is different. Many factors influence the overall value. In order to determine that value, an attorney evaluates many aspects of the case including economic and non-economic damages, the severity of the accident, whether pre-existing conditions are present, and so forth. However, the existence of a permanent injury directly resulting from another's negligence often increases the value of a claim.
Answered on Sep 11th, 2013 at 12:54 PM

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Lisa Hurtado McDonnell
How much are you medical bills? Why is your back still hurting? Did lose any work because of the back pain. Do you need surgery?
Answered on Sep 11th, 2013 at 12:54 PM

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James Eugene Hasser
You don't give enough info to answer the question. Case values vary from case to case and place to place.
Answered on Sep 11th, 2013 at 12:52 PM

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Arbitration & Mediation Attorney serving Ann Arbor, MI at Blaske and Blaske PLC
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You've got to include LOTS more information than you did for starters: was this a car crash? when did it occur? what injuries did you suffer? (what were you diagnosed with?) were any of those injuries preexisting injuries? how much treatment have you had? what treatment have you gotten? have you had any surgeries if this was a car crash, who was at fault? (i presume only the other driver, but if you were at fault in any way, that would be relevant) are you still being treated? if yes, with what treatment? if not, why not, and when did treatment stop?
Answered on Sep 11th, 2013 at 12:48 PM

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