Personal Injury Claim?

by admin on June 4, 2010

I was involved in a mortorbike accident where the other party was at fault and admitted to it. I racked up .5k in ER bills and since then have seens a sports medicine doctor for Type II shoulder seperation and rotator cuff injuries (about .5k), plus seeing a physical therapist (10 visits or so). I’m want to settle my case preferable without a lawyer with a fair settlement. I’ve read about the "multiply by 3 rule" and seems that it might not be valid. I’m wondering what a reasonable settlement should be for the pain & suffering/ special damages.
Could I get the services of a 3rd part adjuster to get a better idea?
This said accident happened in the bay area.

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V17 June 4, 2010 at 10:11 am

From an adjuster’s point of view – there is no such thing as a multiply by 3 rule. Basically the adjuster will make you an offer based on the severity of your injuries, your treatment, and pain and suffering will be based on a combination of those things as well as any permanency issues – and if it had an affect on your life. You were on a motorcycle, you obviously have more than just "soft tissue" injuries – and have racked up what about $16-$17K in special damages (plus any wage loss?) if it’s a good insurance company, they’ll make you a fair offer.

Just FYI – if they do make an offer, it is always up for negotiation – just know your arguing points. Make your case. If they can justify an increase in the offer, then they will increase the offer – so make VALID not generic arguments. AND say the insurance company does make you an offer and you don’t like it, so you go get an attorney, chances are you won’t get much more than if you were to negotiate it yourself – and the attorney will take anywhere from 25% to 40% off the top – do the math – you’ll get more without an attorney no matter what you settle it for.

bundysmom June 4, 2010 at 10:11 am

There is no law, rule, or anything that says you receive 3 times the medical bills. Your settlement is based upon the type injury, whether the treatment was medically reasonable and necessary, whether the charges for your treatment are usual and customary, and whether there are pre-exisiting conditions or not, if you injury has resolved or not, if you were on disability. Just pick a number and be prepared to negotitate the settlement. It’s not a big deal and having an attorney adds no value to your claim.

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