Comments on: What is a reasonable injury claim with an auto accident? http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm Finding An Attorney In New York For Herniated Disc And Spinal Cord Injuries Wed, 08 Sep 2010 10:43:25 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: mrscrow http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-9376 mrscrow Tue, 27 Apr 2010 16:51:03 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-9376 How many of you have been in an accident? Well I was, on my way to work stopped at a traffic light and bamm got slammed into from some chick wearing highheals and she couldnt stop. I had to do phys.. therapy for 3 months and will always have issues with my shoulder. Did I ask to have to go therapy every day? Change my work schedule? Not be able to physically care for my daughter? Loss of sleep at night? To not be able to have sex with my Husband due to the pain? I still can't sleep on my shoulder and it has been a year +. I dont think I asked for this. I didnt ask to be a victim. I didn't ask for some chick to trash my shoulder. I wish the medical bills could be paid for and that I would be fixed but it will never be the same and for the time that I had to deal with what happened her insurance that she pays for should compensate me and my family. Isnt that why in Ohio we have insurance. If the insurance companies don't have to pay out for the recklessness of their clients, why do they pay for insurance? Now I agree that people will try to milk the system. I have a great job and the money is not going to make or break me, but later down the road when the injury flairs up, I will at least feel that I wasnt the only one that was effected my that dumb chick that didnt stop.... How many of you have been in an accident?
Well I was, on my way to work stopped at a traffic light and bamm got slammed into from some chick wearing highheals and she couldnt stop.
I had to do phys.. therapy for 3 months and will always have issues with my shoulder.
Did I ask to have to go therapy every day? Change my work schedule? Not be able to physically care for my daughter? Loss of sleep at night? To not be able to have sex with my Husband due to the pain? I still can’t sleep on my shoulder and it has been a year +. I dont think I asked for this. I didnt ask to be a victim. I didn’t ask for some chick to trash my shoulder.
I wish the medical bills could be paid for and that I would be fixed but it will never be the same and for the time that I had to deal with what happened her insurance that she pays for should compensate me and my family. Isnt that why in Ohio we have insurance. If the insurance companies don’t have to pay out for the recklessness of their clients, why do they pay for insurance? Now I agree that people will try to milk the system. I have a great job and the money is not going to make or break me, but later down the road when the injury flairs up, I will at least feel that I wasnt the only one that was effected my that dumb chick that didnt stop….

]]> By: Sylar http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8352 Sylar Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8352 Whenever you're trying to negotiate with lawyers or insurance companies, I've found it's always best to have a lawyer on your side too. If you think the settlement is fair, then save yourself the trouble and just take it. If you think you're entitled to more than what they're offering (it sounds like that's the case) and they refuse to negotiate with you, you'll probably have a lot more luck negotiating with them by having a lawyer representing you in the negotiation process. If your lawyer gets a cut of the settlement (which he/she certainly does) they'll make sure you get every penny you (and they...) can get. A lawyer once told me that calling car accidents "accidents" is a joke in itself because the word "accident" implies there was no way to know the "accident" was going to happen nor was there any way to prevent the "accident" from happening. If the cops gave the other guy 2 tickets, then you weren't just involved in a random "accident", your injuries were caused by someone else being irresponsible. Whenever you’re trying to negotiate with lawyers or insurance companies, I’ve found it’s always best to have a lawyer on your side too.

If you think the settlement is fair, then save yourself the trouble and just take it. If you think you’re entitled to more than what they’re offering (it sounds like that’s the case) and they refuse to negotiate with you, you’ll probably have a lot more luck negotiating with them by having a lawyer representing you in the negotiation process.

If your lawyer gets a cut of the settlement (which he/she certainly does) they’ll make sure you get every penny you (and they…) can get.

A lawyer once told me that calling car accidents "accidents" is a joke in itself because the word "accident" implies there was no way to know the "accident" was going to happen nor was there any way to prevent the "accident" from happening. If the cops gave the other guy 2 tickets, then you weren’t just involved in a random "accident", your injuries were caused by someone else being irresponsible.

]]> By: gypsy_theory http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8353 gypsy_theory Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8353 "But realisticly how else to you get validation for the heartache, pain, stress, and interuption of your life? " Funniest thing I've ever heard. You were in a car accident. You walked away from it. You're not hospitalized, you're not dead. YOU BEING ALIVE IS YOUR VALIDATION. You still spend time with your children, even if you aren't picking them up. Instead of complaining that you couldn't pick them up, each day you should have been thankful that you were there in front of them. So, realistically, how in Gods name can you sit there and claim heartache, pain, stress, mental anguish, etc? That's just despicable. I'd love to call you worse things, but I'll refrain. There are people who get in accidents, and lose family members. All you lost, was some use of your hands. Take their 3,000$. Quit being greedy. Quit whining about your "anguish". The only anguish I see you doing right now, is anguishing that other people got money, and you want some too. "But realisticly how else to you get validation for the heartache, pain, stress, and interuption of your life? "

Funniest thing I’ve ever heard.

You were in a car accident. You walked away from it. You’re not hospitalized, you’re not dead. YOU BEING ALIVE IS YOUR VALIDATION.

You still spend time with your children, even if you aren’t picking them up. Instead of complaining that you couldn’t pick them up, each day you should have been thankful that you were there in front of them.

So, realistically, how in Gods name can you sit there and claim heartache, pain, stress, mental anguish, etc? That’s just despicable. I’d love to call you worse things, but I’ll refrain.

There are people who get in accidents, and lose family members. All you lost, was some use of your hands.

Take their 3,000$. Quit being greedy. Quit whining about your "anguish". The only anguish I see you doing right now, is anguishing that other people got money, and you want some too.

]]> By: ♥♥♥ http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8356 ♥♥♥ Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8356 I'm in the same situation as you, but more injuries because it was a head on collision. All I'm going to say is this...Insurance companies will screw you royally if you don't have someone on your side. I’m in the same situation as you, but more injuries because it was a head on collision.

All I’m going to say is this…Insurance companies will screw you royally if you don’t have someone on your side.

]]> By: lar http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8355 lar Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8355 Did I see the word Lawyer in this question all. I believe a Lawyer would start out at $50+ K. Some times it doesn't pay to do it all yourself. I reread your question carefully, and still don't see the word Lawyer. If I didn't see it in the question, you must go today and get one. Did I see the word Lawyer in this question all. I believe a Lawyer would start out at $50+ K. Some times it doesn’t pay to do it all yourself.

I reread your question carefully, and still don’t see the word Lawyer. If I didn’t see it in the question, you must go today and get one.

]]> By: Howard L http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8354 Howard L Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8354 There is no magic formula for what a particular claim is worth, but $3,000 does seem a bit low for an injury requiring $6,000 in medical expenses. Your request for $10,000 does not seem unreasonable but be willing to settle for less. I'd suggest you Google "reasonable injury settlement" and see if you can find similar cases. I posted one link you might find useful. You can always refuse their offer and hire an attorney but beware. An attorney will usually require at least 1/3 of any settlement as his fee and some will promise they can get you a ridiculously high settlement to get you to sign a retainer and then you may end up with less than the insurance is offering you now. There is no magic formula for what a particular claim is worth, but $3,000 does seem a bit low for an injury requiring $6,000 in medical expenses. Your request for $10,000 does not seem unreasonable but be willing to settle for less. I’d suggest you Google "reasonable injury settlement" and see if you can find similar cases. I posted one link you might find useful. You can always refuse their offer and hire an attorney but beware. An attorney will usually require at least 1/3 of any settlement as his fee and some will promise they can get you a ridiculously high settlement to get you to sign a retainer and then you may end up with less than the insurance is offering you now.

]]> By: Vipassana http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8351 Vipassana Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8351 Well, here's the question that you have to ask yourself. At what point did you decide that "pain and suffering" equals money? Seriously. Is the only reason you want to ask for that, the fact that other people sue for that kind of stuff? And if so, that makes you a greedy bastard. Being inconvenienced does NOT entitle anyone to a cash payout. Also, DO NOT ever use terms like "mental anguish". You were injured. How you decide to approach it, is totally on you. If you decide to be a victim, and be anguished, that's on you. Most people, would simply start working on rehab, and just see it as a challenge. No anguish involved. That's just ridiculous to read. All you're entitled to, is your actual medical bills. They already said they're willing to pay for that. Let them fix you, and get on with your life. Edit: You don't get "validation." It's not like he intended to hit you and put you into this. The fact that you got hit, whether his fault or not, was an ACCIDENT. Accidents happen. When you were sick when you were a child, did your parents sue your friends, because they gave you the cold? No. This whole idea of being compensated when accidents happen, is just absolutely absurd. Well, here’s the question that you have to ask yourself.

At what point did you decide that "pain and suffering" equals money?

Seriously.

Is the only reason you want to ask for that, the fact that other people sue for that kind of stuff? And if so, that makes you a greedy bastard. Being inconvenienced does NOT entitle anyone to a cash payout.

Also, DO NOT ever use terms like "mental anguish". You were injured. How you decide to approach it, is totally on you. If you decide to be a victim, and be anguished, that’s on you. Most people, would simply start working on rehab, and just see it as a challenge. No anguish involved.

That’s just ridiculous to read.

All you’re entitled to, is your actual medical bills. They already said they’re willing to pay for that. Let them fix you, and get on with your life.

Edit: You don’t get "validation." It’s not like he intended to hit you and put you into this. The fact that you got hit, whether his fault or not, was an ACCIDENT. Accidents happen. When you were sick when you were a child, did your parents sue your friends, because they gave you the cold? No.

This whole idea of being compensated when accidents happen, is just absolutely absurd.

]]> By: speedwell http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm/comment-page-1#comment-8350 speedwell Tue, 09 Mar 2010 19:21:20 +0000 http://newyorkherniateddisclawyer.com/what-is-a-reasonable-injury-claim-with-an-auto-accident.htm#comment-8350 Howard L is absolutely correct, there is no "magic number" that will correctly reflect what you should be paid. It is a completely subjective figure that is based in part on how severe the accident was, your treatment and management of the injury, how it effected your daily life, wage loss, and quality of life. Ultimately, the major issues are severity of injury and duration of treatment and effect on lifestyle. Unfortunately, with soft tissue injuries, there is very little objective evidence available to prove your injuries. Unless you had bruises or other visible soft tissue damage that was photographed, the only evidence of your injuries are your statements, and that's all subjective. Also, you need to realistically figure what your time is worth. If you work at McDonald's for $8/hr, and you worked in pain for a week because you couldn't afford to miss a paycheck, that time is not worth $5,000. Maybe it's worth $500. Maybe it's worth $250. Maybe it's worth $1000. The thing to keep in mind is that it is your adjuster who is determining the value of your settlement, based on information that you provide. If you have an antagonistic relationship with your adjuster, than they will have very little incentive to use their leeway to provide a higher settlement. It's up to you to prove that what you're asking for is reasonable. And yes, $3000 might be on the low side, but $10000 is probably on the high side. Be prepared to settle for less. Comparing your accident to others is not an accurate way to gauge what a claim is worth. The circumstances of each accident and how an individual responds to an injury is different. Howard L is absolutely correct, there is no "magic number" that will correctly reflect what you should be paid. It is a completely subjective figure that is based in part on how severe the accident was, your treatment and management of the injury, how it effected your daily life, wage loss, and quality of life. Ultimately, the major issues are severity of injury and duration of treatment and effect on lifestyle.

Unfortunately, with soft tissue injuries, there is very little objective evidence available to prove your injuries. Unless you had bruises or other visible soft tissue damage that was photographed, the only evidence of your injuries are your statements, and that’s all subjective.

Also, you need to realistically figure what your time is worth. If you work at McDonald’s for $8/hr, and you worked in pain for a week because you couldn’t afford to miss a paycheck, that time is not worth $5,000. Maybe it’s worth $500. Maybe it’s worth $250. Maybe it’s worth $1000.

The thing to keep in mind is that it is your adjuster who is determining the value of your settlement, based on information that you provide. If you have an antagonistic relationship with your adjuster, than they will have very little incentive to use their leeway to provide a higher settlement. It’s up to you to prove that what you’re asking for is reasonable. And yes, $3000 might be on the low side, but $10000 is probably on the high side. Be prepared to settle for less.

Comparing your accident to others is not an accurate way to gauge what a claim is worth. The circumstances of each accident and how an individual responds to an injury is different.

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