adriang63

Hello, Several months ago I was in an auto accident, the driver rear ended me while I was stopped at a red light. My injuries were a ruptured disk in my neck (cervical) and lower back strain (lumbar), the nuro-surgeon wanted me to have surgery on my neck to remove the disk, but I opted for decompression therapy that worked. I've completed my threapy and have return to work. I was out a total of 4 months. The rehab wasn't a piece of cake. During the time out I was unable to do the everyday ic things at home with the wife a kids ages 4, 6, 9 etc. I don't want to be greedy, but I want to be fairly compensated. How much should I ask for? Thanks for your input.

What were your expenses? You should get all your expenses reimbursed, plus maybe another 25% for being unable to do what you normally do.

You need to see a personal injury attorney about this. The fact you do not have what appears to be any permanent injuries is wonderful for you and not so wonderful to try and collect anything other than expenses and your time off work.

Don't be so quick to settle your case either in case you have some residual problems from the injuries and are not totally healed. Your doctor will be able to answer that question for you. Consult with an attorney before settling anything! Consult several attorneys before you give your case to the first one that you see.

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Originally Posted by adriang63

adriang63

Hello, Several months ago I was in an auto accident, the driver rear ended me while I was stopped at a red light. My injuries were a ruptured disk in my neck (cervical) and lower back strain (lumbar), the nuro-surgeon wanted me to have surgery on my neck to remove the disk, but I opted for decompression therapy that worked. I've completed my threapy and have return to work. I was out a total of 4 months. The rehab wasn't a piece of cake. During the time out I was unable to do the everyday ic things at home with the wife a kids ages 4, 6, 9 etc. I don't want to be greedy, but I want to be fairly compensated. How much should I ask for? Thanks for your input.

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I hope you aren't thinking of Small Claims Court and settling this yourself or settling directly with the insurance company -

With injuries like this you should consult with an Attorney, someone familiar with personal injury law - the insurance company is going to try to settle for as little as possible.

I trust you filed all the necessary insurance forms.

You shouldn't be asking for anything on your own. I hope you have a lawyer and a good one. I just got seriously injured while walking by a driver at fault. I would never do it alone or ask for anything on your own or sign off on a fast settlement. My lawyer told me not to even talk to the other person's insurance company. I am instructed to have them talk to my lawyer. Don't sign nothing on your own the other insurance company will use it against you in the end. I used to work for a insurance company and I know this for a fact.

If you don't have a lawyer get a good one right away. If you would have had the surgery it would have been more money in your pocket for your pain and suffering. Good Luck with your lawsuit. My lawyer told me it might take a whole year for my settlement but if we wait we will get the full amount of the person's policy. Be Patient and be blessed!

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Originally Posted by Totally Screwed

You shouldn't be asking for anything on your own. I hope you have a lawyer and a good one. I just got seriously injured while walking by a driver at fault. I would never do it alone or ask for anything on your own or sign off on a fast settlement. My lawyer told me not to even talk to the other person's insurance company. I am instructed to have them talk to my lawyer. Don't sign nothing on your own the other insurance company will use it against you in the end. I used to work for a insurance company and I know this for a fact.

If you don't have a lawyer get a good one right away. If you would have had the surgery it would have been more money in your pocket for your pain and suffering. Good Luck with your lawsuit. My lawyer told me it might take a whole year for my settlement but if we wait we will get the full amount of the person's policy. Be Patient and be blessed!

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It is not true that the surgery would bring this person a higher award for pain and suffering. In theory, surgery would END his pain and suffering (after going through surgery). Not saying to make a decision either way - it is just that the "have the surgery and get more money" theory is not correct.

I also don't understand the waiting a whole year and getting the whole policy statement unless your Attorney feels you will have additional pain and suffering or he is waiting to see about the permanency of your injuries.

(I know you've had questions about your settlement on the board before so I'm somewhat familiar with the circumstances.)

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Originally Posted by JudyKayTee

It is not true that the surgery would bring this person a higher award for pain and suffering. In theory, surgery would END his pain and suffering (after going through surgery). Not saying to make a decision either way - it is just that the "have the surgery and get more money" theory is not correct.

I also don't understand the waiting a whole year and getting the whole policy statement unless your Attorney feels you will have additional pain and suffering or he is waiting to see about the permanency of your injuries.

(I know you've had questions about your settlement on the board before so I'm somewhat familiar with the circumstances.)

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I guess I should have not answered the question at all. You seem to be the expert here. I guess when I get my huge settlement I will believe what my lawyer told me. And as far as the surgery ending the suffering that is insane to believe that. I had a metal rod and 11 screws put in my left tibia bone to piece it back together. And the pain after that will remain for months. And the waiting one year does have to do with what the outcome of the injury will be.

But back to the person who asked the question. Courts do not take chiropractors and their services as much as bonifed surgeons.

The point Judy is making is that the point of surgery is to be a final cure. The pain may not end immediately after the surgery, but if its successful, surgery is more likely to result in a pain free existence.

Your wife might also have a loss of consortium claim for you being disabled for a long period (and no, loss of consortium is not just for sex ;) ) I have seen cases where children have made these claims too, but I have not seen it in a case where the parent survived the injury. I have, however, seen a spouse successfully argue it for a longer term disability. Some states only allow these claims if there is the injury caused death though, so another really good reason to retain an attorney. I agree with the above posters that you do not want to settle this with the insurance company alone. You will get screwed.

There are various forms of injuries and Chiropractors are medical professionals and in their field of medical care they can and do testify in court all the time.

As for as attorneys "telling" you that you should get a large award, of course they will tell people a lot of things, esp if they are getting 1/3 of the entire award. And normlaly they are the only ones to really make a lot of money.

I remember my last law suit, I had about 50,000 in medical bills, ( and when you get your settlement, your insurance company expects to be paid back for all of the money they paid) and the attorney gets 1/3, so if you get 100,000 , 50,000 goes to the medical bills and 33,000 goes to the attorney, you end up with 17,000 of the money.

But again it can take years to get your money, my case took almost 10 years to settle.

Also how much insurance did they have, if there policy had a 100,000 max, no matter what your win in a law suit, if they only have 100,000 in insurance that is all you will ever get.