Author Topic: Time To Settle For "Pain and Suffering"  (Read 939 times)

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Offline Pinhead

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Time To Settle For "Pain and Suffering"
« on: July 24, 2009, 10:04:30 AM »
I had a long explanation typed out but lost it all.  >:(

I was in a car accident that totaled my pickup and broke the fourth metacarpal in my right (dominant) hand. Was off work for a month. Had surgery, two screws and a plate. Scar down the length of the back of my hand. Total bills that the ins co has paid is about $16,500.

I realize they'll want me to offer, followed by them low-balling me. How do I know if the adjuster is (God forbid) making a reasonable offer? I read on one website to use the "multiplication factor" to determine pain and suffering, in which you multiply your medical bills by 3 to get a "fair" value, then double that to get your first haggling point. Seems kind of high to me, but then again I've grown up as cheaply as possible and may be low-balling myself. How do I know how much is "reasonable" and even possible?
Doug

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Offline Duke McDukiedook

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Re: Time To Settle For "Pain and Suffering"
« Reply #1 on: July 24, 2009, 10:13:48 AM »
I like to keep lawyers away at all costs but when dealing with insurance companies about the only way to not get screwed is to retain a personal injury lawyer. He may gouge you but at least he will have a pretty good idea of what you should receive in compensation for your injuries.

Try to use one that you know from your family or someone you know has used before.
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Offline BobbyR

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Re: Time To Settle For "Pain and Suffering"
« Reply #2 on: July 24, 2009, 10:50:47 AM »
You really need a decent lawyer and not the kind that advertise on Jerry Springer. What you are really asking for is compensation for diminished use. The questions are

What is your occupation and how will this injury affect your ability to work? If you are a concert Violinist or Surgeon or some other occupation that requires dexterity, that comes into play?

If you have to do heavy work with your hand, how will this affect that?

Lots of questions to be answered.

The Lawyers and Insurance adjusters know the game, you don't.
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Offline bucky katt

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Re: Time To Settle For "Pain and Suffering"
« Reply #3 on: July 24, 2009, 11:00:12 AM »
dont even say hello to the insurance people without a lawyer. unfortunately theyre a necessary evil.
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Offline Pinhead

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Re: Time To Settle For "Pain and Suffering"
« Reply #4 on: July 24, 2009, 11:09:48 AM »
Hmm... I'm a mechanic. My hand is, I'd say, 95%. Weather changes and prolonged activity makes my hand sore. I'm only 25 so I suppose it'll get worse when I turn old (when does that happen?).
Doug

Click --> Cheap Regulator/Rectifier for any of Honda's 3-phase charging systems (all SOHC4's).

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By the way, I'm going for the tinfoil pants...so they can't read my private thoughts.
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Offline BobbyR

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Re: Time To Settle For "Pain and Suffering"
« Reply #5 on: July 24, 2009, 11:21:03 AM »
Hmm... I'm a mechanic. My hand is, I'd say, 95%. Weather changes and prolonged activity makes my hand sore. I'm only 25 so I suppose it'll get worse when I turn old (when does that happen?).
It is happening every day, and it sneaks up on ya.  :(
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But we were boys, and boys will be boys, and so they will. To us, everything was dangerous, but what of that? Had we not been made to live forever?

Offline HavocTurbo

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Re: Time To Settle For "Pain and Suffering"
« Reply #6 on: July 24, 2009, 01:39:59 PM »
Tell em to f'off and get every $ you can. Being a mechanic will only make your hands worse over time.

And not a little, but exponentially worse over time. Hot and cold conditions, oil, grease, chemicals that are bad for your skin and joints. Constant danger to your dexterity.

And cannot forget you are more prone to carpal tunnel syndrome from wrenching and such.

Low ball yourself all you want...... but not when it comes to insurance companies. You will pay them all your life. How often do they pay you back?
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Offline Jerry Rxman Griffin aka MuthaF'er

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Re: Time To Settle For "Pain and Suffering"
« Reply #7 on: July 24, 2009, 10:42:42 PM »
Tell them you want to know what his/her insurance LIMITS are. ie $100,000/$300,000 which is $100,000 per individual claim or $300,000 total per accident for multiple claims arising from a single accident. Tell them you'll sign off on no future claims with this payout. They will get the picture and realize you are serious. You can always tell them a payout based on the limit will keep it out of court which will/could cost them considerably more due to attorney fees (they pay both) and potentially a much higher settlement due to a jury being involved especially with issues like Havoc mentions.
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Offline Ecosse

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Re: Time To Settle For "Pain and Suffering"
« Reply #8 on: July 24, 2009, 10:55:03 PM »
I like to keep lawyers away at all costs but when dealing with insurance companies about the only way to not get screwed is to retain a personal injury lawyer. He may gouge you but at least he will have a pretty good idea of what you should receive in compensation for your injuries.

Try to use one that you know from your family or someone you know has used before.


right with ya dd! i know this from personal experience.

best wishes pinhead and hope for a full recovery.
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