Check out some similar questions!

lady_1973 · Jun 24, 2007, 07:43 PM

I was in an accident Nov. 06 and just finished my treatment last week. I was rear ended by a driver not paying attention while sitting at a stop sign. The doctor told me I have reached my maximum benefit from theraphy and that there will be residual effects from the accident that could last for quite sometime. I am not sure what I should ask for in a settlement. I was so stressed and started having panic attacks as I would drive. Now I am afraid they are going to try to give me a smalll settlement and I will have to worry about the effects of the accident over time myself. If anyone has been in my situation, approximately how much should I ask for. I have lost seven months of time with my family. I went from working out 4 days or more to barely able to go 1 day. I feel good some days but then, if I try to be myself or act like myself, I seem to be in so much pain the next day. Any guidance would be appreciated.

excon · Jun 26, 2007, 05:33 AM

Hello lady:

You need an attorney. You needed one from the beginning. He'll get you much more than you'll get yourself. He might even get you more treatement.

excon

sideoutshu · Jun 28, 2007, 10:36 AM

Where are you located, and how were you injured? Who, if anyone, has contacted you re: settlement, etc.

ScottGem · Jun 28, 2007, 10:43 AM

I'm aghast that you have not consulted an attorney before now. In fact, I'm surprised you haven't had a few ambulance chasers beating down your door.

You were rear ended while stopped. This is an open and shut case and ANY attorney would love to take this on on a contingency basis (I'll bet side is hoping you are near him ;) ). So an attorney won't cost you anything out of pocket.

Attorneys have formuals for calculating what to sue/settle for. They will talk to your doctors and determine what they think the future cost of care will be. They will figure out what you have lost and they will come up with a figure for you.

sideoutshu · Jun 28, 2007, 10:49 AM

Originally Posted by ScottGem

I'm aghast that you have not consulted an attorney before now. In fact, I'm surprised you haven't had a few ambulance chasers beating down your door.

You were rear ended while stopped. This is an open and shut case and ANY attorney would love to take this on on a contingency basis (I'll bet side is hoping you are near him ;) ). So an attorney won't cost you anything out of pocket.

Attorneys have formuals for calculating what to sue/settle for. They will talk to your doctors and determine what they think the future cost of care will be. They will figure out what you have lost and they will come up with a figure for you.

Well, it isn't quite that simple. Getting hit in the rear is great for a case on liability, but if you live in a no-fault state like NY, and you can't prove "serious iinjury" as defined by section 5102 of the insurance law... you aren't getting anything other then your medical bills paid.

ScottGem · Jun 28, 2007, 10:54 AM

Originally Posted by sideoutshu

Well, it isn't quite that simple. Getting hit in the rear is great for a case on liability, but if you live in a no-fault state like NY, and you can't prove "serious iinjury" as defined by section 5102 of the insurance law.......you aren't getting anything other then your medical bills paid.

From the description it might appear that serious injury occurred. But wouldn't she get lost wages as well? Couldn't her family sue for lost services?

sideoutshu · Jun 28, 2007, 11:00 AM

Originally Posted by ScottGem

From the description it might appear that serious injury occured. But wouldn't she get lost wages as well? Couldn't her family sue for lost services?

Yes, what I should have said is that you can't receover for pain and suffering absent a "serious injury". My impression of the original post, and the description of the injury led me to think it was a whiplash type injury. (usually treatment for upwards of 6 months =chiropractic as they cut you off much faster for PT of other injuries).

Loss of serivices is a funny thing. It is an element of many lawsuits but is essentially menaingless. In any settlement, the amount is the same regardless of how it is distributed between the loss of services claim and the underlying claim. As such, many attorneys don't even bother making a LOS claim because it means extra depositions (more work is bad when working on contingency) of the referenced family members.

s_cianci · Jul 1, 2007, 08:03 PM

You need to speak with a personal injury attorney. (S)he can advise you on an amount and gather all necessary evidence (such as doctors' reports, etc.)

rearended · Aug 7, 2007, 03:23 PM

Be careful about the attorney you get. I have one who came highly recommended from several people. But he has done nothing for me. I stopped having treatment in May and it is now August and I still haven't seen a demand letter. They tell me every week they are working on it. It must be the worlds most complicated and longest letter ever.