Ask Me Help Desk - How much $ to ask injured in car wreck

I was not wanting to hire an attorney, I was rearended June 15, 2008. My shoulder was injured I sought medical care that day at critical care. I am now having to face shoulder surgery. Forgot to mention this happened the day before I started a new job so I have no sick time. So far my health insurance has paid my medical bills. There have not been a lot as of yet, but now I have a pending surgery and will have lost time from work. I was wanting to know how do you know what to ask for in the settlement.

If you don't want to be taken advantage of you get an attorney. In a personal injury case, most attorneys take the case on a contingency basis.

You can't know what your future medical bills will be. You don't want to short change yourself.

I think also at times it will depend on what the other guys coverage is of what they will pay some insurances will onley pay a certin amount of what the party has on there policy liei for example if they have 1.00 the car insurance will pay the 1.00 and if it is 50.000 then they will pay that amount and if it goves over thoes amounts then it stops I think I would frist find out what kind of coverage the other party has and then you know you would not be asking fore more then they would be willing to pay also a lot of times when you settle if they have been paying your medical bills this will be deducted from your settlement

You need to hire a good personal injury attorney to determine what your damages are. We have no idea what your medical records say and cannot know what the medical costs will be if you have to undergo surgery. Please seek a good personal injury attorney to help you in your case. The attorney will be able to obtain what the other party's insurance coverage is and then be able to intelligently discuss this with you and can discuss how the medical payments and pain and suffering settlement amount works in your state.

Quote:

Originally Posted by april22

I was not wanting to hire an attorney, I was rearended June 15, 2008. My shoulder was injured I seeked medical care that day at critical care. I am now having to face shoulder surgery. Forgot to mention this happend the day before I started a new job so I have no sick time. So far my health insurance has paid my medical bills. There have not been alot as of yet, but now I have a pending surgery and will have lost time from work. I was wanting to know how do you know what to ask for in the settlement.

What State? If you were injured in an auto accident you cannot legally have your health insurance pay your bills in some States.

If you settle your health insurance company has an automatic lien against that settlement for your medical bills.

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Originally Posted by meagank

i think also at times it will depend on what the other guys coverage is of what they will pay some insurances will onley pay a certin amount of what the party has on there policy liei for example if they have 1.00 the car insurance will pay the 1.00 and if it is 50.000 then they will pay that amount and if it goves over thoes amounts then it stops i think i would frist find out what kind of coverage the other party has and then you know you would not be asking fore more then they would be willing to pay also alot of times when you settle if they have been paying your medical bills this will be deducted from your settlment

This is not correct - medical bills are not deducted from the settlement. They are different line items.

You get $X for medical bills, $X for pain and suffering, $X for for other damages. You don't get one lump sum with deductions.

The health insurance carrier also has an automatic lien against any settlement amount for their out-of-pocket expenses.

Asking for more than the insurance policy is not a problem - insurance companies realize people try to find out policy limits so that they can sue for that dollar amount and so insurance companies don't hand out this information.

Your injuries are worth what they are worth - a higher policy limit does not change the "value" of the injuries. That's the cold blooded way to explain it.

People sue for millions all the time and settle for whatever coverage is available.

I will also add that some portions of settlements are taxable. Others are not. That's why a good Attorney will prepare a settlement agreement slanted in favor of his client.

I agree with Judy. In some states you may go to court and get a judgement but that judgement can be lowered based on anything you may have done to partially cause the accident ( contributory negligence). All we have heard is that you were rear ended and that sounds like you did nothing to contribute to the accident but we don't really know all of the details. Can you tell us more about the accident itself. You said how much to ask, did you mean how much to sue for or do I read you wrong. Insurance companies may make you an offer but you can sue for much more. You sound like you will also have lost wages since you have no sick leave. How much will lost wages be for you?

Quote:

Originally Posted by april22

I was not wanting to hire an attorney, I was rearended June 15, 2008. My shoulder was injured I seeked medical care that day at critical care. I am now having to face shoulder surgery. Forgot to mention this happend the day before I started a new job so I have no sick time. So far my health insurance has paid my medical bills. There have not been alot as of yet, but now I have a pending surgery and will have lost time from work. I was wanting to know how do you know what to ask for in the settlement.

It is far too early to even think about settling - no thought should even be given until you determine the extent of the injuries, their permanency, your out of pocket expenses. All these issues are figured into the settlement demand.

Settle now and you'll settle short - meaning you will settle for much less than it's "worth." I'm sure the insurance company would love for you to settle now so they can get out cheap and fast.

Otherwise - Ballenger is 100% on target. Without knowing more about the accident it's impossible to determine responsibility.