QUESTION
What will be my remedy to ask for compensation from my injury?
Asked on Sep 26th, 2013 on Automobile Accidents - South Carolina
More details to this question:
Suffered whiplash due to no fault auto accident for me on 9/15/13; hit from the rear while stopped at a red light. What is the average pain and suffering rate? Other insurance is offering $700. I'm worried because now my back hurts.
10 ANSWERS
Ronald A. Steinberg
Under Michigan law, it does not sound like you can make aout a case of "serious impairment of body function." Pain is NOT the test. It is the inability to perform your usual activities of daily living.
Answered on Oct 01st, 2013 at 9:30 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you are only entitled to a recovery for pain and suffering in a car crash if you have evidence to show that you suffered a serious impairment of a body function. Less than two weeks of pain is unlikely to qualify for any type of recovery whatsoever. Since you have three years within which to file a suit against any at fault owner/driver, you can wait and see if you get better or worse. If worse, get proper medical testing and treatment. If your doctors support the fact of a serious injury, then you can consult local counsel that regularly handles auto cases for a free consultation as to the possible value of any claim.
Answered on Sep 27th, 2013 at 10:13 PM
Edwin K. Niles
As stated many times in this forum, insurance companies will take every advantage. A recent study showed that claimants did better with a lawyer, even after fees, than by handling their own claim.
Answered on Sep 27th, 2013 at 4:00 PM
You should not settle until you have finished all treatments and recovered. Otherwise, you don't know your total damages.
Answered on Sep 27th, 2013 at 3:25 PM
1 Award
Be sure your back is healed before settling your claim. There is no need for you to do so right away.
Answered on Sep 27th, 2013 at 2:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is no average anything for pain and suffering. 12 days since collision does not suggest anything worth your time. if you have a genuine injury you should be under a doctors care and you should have a lawyer. just a bump up does not entitled you to much of anything.you should get proper care, get well then thin k about settlement.if you are not really hurt take what you can get and run with it.
Answered on Sep 27th, 2013 at 2:12 PM
James Eugene Hasser
It sounds to me like you have not been adequately cared for from the medical standpoint. You should probably get to an orthopedist and see what is wrong. I would not even consider settling until you are healed up from your injury and the doctor is in a position to determine whether or not you have something permanent wrong with you.
Answered on Sep 27th, 2013 at 1:56 PM
Thomas Edward Gates
The amount of damages you can expect is based upon your medical costs, lost work time, and pain and suffering. It sounds like your injuries were minor, but $700 is way, way to low. Make sure all your medical is completed before you settle. If not, all future medicals are on you.
Answered on Sep 27th, 2013 at 1:53 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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DO NOT attempt to settle this claim with an insurance company on your own. First, you have two years from the accident date to file a lawsuit if one is needed, there is no hurry to settle your claim, despite ANYTHING the insurance company says to the contrary. Second, you MUST not settle your case until you are sure you will not need any more medical care, and since your back is still hurting, it is likely you are still in need of some treatment (possibly even a LOT of additional treatment). Hire a lawyer and let him/her negotiate your claim for you. Even after you pay the attorney his/her reasonable fee, you will almost certainly get a better result than if you try to do this yourself. You have no idea what your claim is worth, and the insurance company (unlike your lawyer, who mustby lawbe your advocate and do right by you) will try to convince you that the ridiculously low figure they want to pay you is all you can ever hope to receive.
Answered on Sep 27th, 2013 at 1:34 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There is no "average" compensation because each case is different. You should not consider settling until your injury has healed and you have finished all medical treatment. Until then, you do not know how bad your injury is and the extent of your losses.
Answered on Sep 27th, 2013 at 1:29 PM