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Ellen424 · Dec 3, 2008, 03:50 PM

My daughter, 27, was in a car accident over a year ago, not her fault. Her car was totaled, insurance paid her for the value of her car. She has been seeing a chiro until recently when he released her with two separate areas of her back at 5% permanent disability (soft tissue). What is usual compensation for this type of permanent injury on a young, child bearing woman?

excon · Dec 3, 2008, 05:46 PM

Hello E:

I don't know. She needs a lawyer. He'll be the one to know exactly what the injury is worth... PLUS, he's also the guy who can DO something about getting it.

You better not mess around any longer, though. As a matter of fact, you might have already exceeded your states statute of limitations already, if they're one year. One year is standard for an injury like this.

excon

JudyKayTee · Dec 3, 2008, 06:00 PM

Originally Posted by Ellen424

My daughter, 27, was in a car accident over a year ago, not her fault. Her car was totaled, insurance paid her for the value of her car. She has been seeing a chiro until recently when he released her with two separate areas of her back at 5% permanent disability (soft tissue). What is usual compensation for this type of permanent injury on a young, child bearing woman?

Over a year ago? Has she filed a claim for injuries with the insurance company? Depending on the State, you may have a problem with the notice of claim.

There is no "usual compensation." Circumstances vary, insurance varies. If the person who caused the injury had $100,000 in personal liability the injury is "worth" more than if the person had $25,000.

This is very late to be contacting an Attorney or filing a claim, far too late to investigate the accident and gather what could very well be necessary information.

Ellen424 · Dec 4, 2008, 04:23 PM

Originally Posted by Ellen424

My daughter, 27, was in a car accident over a year ago, not her fault. Her car was totaled, insurance paid her for the value of her car. She has been seeing a chiro until recently when he released her with two separate areas of her back at 5% permanent disability (soft tissue). What is usual compensation for this type of permanent injury on a young, child bearing woman?

She does have a lawyer since the beginning. I'm just not sure about the $$ that they are offering, the lawyer first asked for $35000. the counter offer was $8000. and the lawyer thought she should counter at $19000... seems like a big stretch too me.

JudyKayTee · Dec 4, 2008, 08:07 PM

Originally Posted by Ellen424

She does have a lawyer since the beginning. I'm just not sure about the $$ that they are offering, the lawyer first asked for $35000., the counter offer was $8000., and the lawyer thought she should counter at $19000....seems like a big stretch too me.

The Attorney knows the details of the case, the details of the insurance coverage, all the angles that we would only be guessing about.

The offer and counteroffer is like playing poker - someone is bluffing, but who?

Unfortunately there is no longer a "rule" when it comes to injury. The old tale is that it's three times the medical bills and that isn't true.

I don't know the age of your daughter but the person who retained the Attorney should sit down and ask point blank - why $35,000 and now $19,000? What if it goes to trial? What would the Court costs be? Then you and your daughter have to sit down and weigh the options. Go to Court, get an award of $60,000, pay the Attorney (loosely) a third and you end up with $40,000. It's the same with any award PLUS the costs of trial.