Question:
how much should i settle for?
norris style
2009-05-19 12:21:53 UTC
i got rear ended on my motorcycle about two months ago my bike was totaled. i had a neck sprain or whiplash
i have been going to the chiropractor and acupuncture and massage
for that amount of time too. i just got a new job where i can not go to these treatments and need to settle my case.
what is the normal amount for these kinds of things.
and i know every case is different but just so i have an idea what to go to bat with
Three answers:
lucy
2009-05-19 12:55:18 UTC
so you got a new job and can no longer go for treatments? so did you actually need to have treatment for 2 months, or was feeling pretty good after say 1 month?



a lot of people fall in love with chiropractors, especially the massages. i do not dislike chiros, since they do good work, but so many times there is a tendacy to overtreat especially after auto accidents and the patient will have a settlement.



the adjuster will review your bills, medical reports, etc and then make an offer to you. you may or may not agree with the amount they offer. but without all the complete info that this adjuster will have, no one will give you a figure.



if others state, you will get at least 3 times your medical bills. they are wrong; never in soft tissue/whiplash. you may get few hundred or more than your medical bills; like i said, we dont have the info in front of us to evaluate.



get a lawyer and you will kiss off 1/3 of your settlement. i have had claims with lawyers that did not pay the medical bills, or left little to the client.



if you did not go to a family doctor or to the hospital, subtract value.

if you did go to a doctor and he recommended going to chiro, adds value.



i have seen so many claims where the person calls his local chiro for treatment. no doctor, no ER.

also; your treatment should have started at say 2 to 3 times a week for 1 month, then the 2nd you should have been going 1 to 2 times a week; if going the same amount of time and treatments, then could be considered overtreatment and some adjusters may subtract out some of the bills.



my guess is dont expect to take a great vacation with this "windfall". when they make an offer, you might get enough for an expensive dinner or could get more.



good luck



i just read the previous poster and disagree;

$50 to $100 for loss of use on your MC incorrect. the insurance company owes for rental, but the standard is around $20 to $30;



the loss of income for going to the treatments can be considered, but will need to have all wage verification to adjuster.



the crap about sex, baseball is just that crap; we laugh when we get that. you had a soft tissue injury and unless the doctor stated you were unable to do this, will not be considered. a chiro stating that most likely wont fly. but if the ER or your family doctor states you could not do, it can be considered.



you will have some pain/suffering, but if you go by the other posters guidelines of $50 to $100 per day, you will be most likely really disappointed.
anonymous
2009-05-19 12:47:26 UTC
A lot depends on the laws of your state. Many states are cracking down on lawsuit abuse, so the days of the big payouts are long gone.



At a minimum, you should be recompensated for:



-- The value of your motorcycle at the time of the accident

-- All doctor/chiropractor/acupuncture/massage visits

-- Any time you had to miss work because of the injury or appointments with the doctor/chiropractor/acupuncturist/masseuse

-- Any other compensation you missed out on as a result of the injury (for example, if you umpire Little League games or work weekends as a DJ or something like that)



You should also receive some additional compensation for being without the use your motorcycle. Don't get greedy -- $50.00 to $100.00 a day is plenty. Also, if you could not do things you would normally do while injured (and yes, having sex with your significant other qualifies), you should also receive compensation for pain and suffering. Again, don't get greedy -- use the same $50.00 to $100.00 per day scale for that.



WARNING: Once you settle, you will be required to sign an agreement stating you won't come back against the insurance company or the person who hit you forever and ever, Amen. So if you find out later that you have sustained a permanent injury, you can't go back and sue them later. So be careful.
heidel
2016-10-05 12:12:37 UTC
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