How Can I Determine the Value of My Bodily Injury Claim

[greenpuppies1979]

My question involves an injury that occurred in the state of: Georgia

Last year I was driving south on a state highway when an older gentlemen turned west directly in front of me. I "t-boned" his car (I was driving about 50 mph, the speed limit). My car was totaled. The gentleman admitted fault to the police and his insurance company. The airbags and seatbelt saved my life but caused a ton of pain and scars that eventually healed. At the time, I was in a Chapter 13 bankruptcy so the adjuster wouldn't/couldn't settle my bodily injury claim (property claim was settled within 6 weeks). I completed my bankruptcy and wrote an injury demand letter detailing the events, injuries, and expenses with pictures and requested $18,000. My medical expenses were $3900 and I missed a few days of work ($600, couldn't take more time off because it was a new job). I had additional expenses for gas to and from doctors visits and post office and photocopying expenses to submit my claim. The whole experience was just terrible.....the adjuster told me to forward my medical bills to him but then refused to pay them, which meant I got so many collection calls and letters I had to forward the bills to my HMO. I was in a lot of pain but was required to pay my bills upfront because it was a car claim and State Farm had already refused to pay. The doctor basically told me to do stretching exercises for an injury to my right knee and take Naproxen for chest inflammation and neck pain, saying that I had soft tissue injuries and will probably just have to "live with them". I couldn't afford to keep paying the bills so I stopped going when he told me that. My right knee still stiffens up and bothers me occassionally.

The insurance company promptly responded to my letter with an offer of $6,000. I am sending another letter asking them to reassess the facts of the case and make another offer because that is too low. I do not expect to receive the $18,000 I originally requested but refuse to believe State Farm's first offer is the best they can do. I'm also in no "rush" to get some money now as I have paid all my minor debts through my bankruptcy and am thankfully working a regular job. I feel that I am owed more than $1,500 pain and suffering ($6,000 offered less medical expenses and lost wages) simply because the accident was not my fault and the stress and pain have been a FREAKIN HEADACHE in my life. However, I really can't decide what I think is a fair amount that will make me whole (what would make me "whole" would be if this had never happened to me!)

Based on this case.....what do you think is fair? What should I expect their counter offer to be and how long will we go back and forth?

[Dogmatique]

I don't think anyone here can really guess what is or isn't "fair".

Have you spoken to a Personal Injury attorney? I would think that might be your next step.

[greenpuppies1979]

Yes, I spoke to one who couldn't give me an estimate, only to say his fees were about 33% and to contact him when my bankruptcy was over. I then spoke to an attorney at one of the large firms that advertises on daytime televsion. He said it sounded like only $5000 and it really wasn't necessary to hire an attorney; that it was such a minor accident that I should be able to handle it myself.

I suppose I can another attorney and run it past them since my bankrupcty is over and they may be more willing to speak with me and give advice.

My emotions tell me its worth more than that due to the severity of the accident. The front of the car was completely demolished and the firefighters had to extricate me from the car and rush me to the ER. I know its worth more than the insurance company's "first offer" and I know what I would like to receive to feel satisfied. But maybe I will just wait and see.....

[jk]

whatever you do, realize that you only have 2 years to file a suit or you are barred from doing so. That means, if they can dance with you long enough to get beyond that 2 years, they can dump you without ever paying for the dance.


you left out a huge bit of info:

what long term damages did you sustain. You say you hurt your knee but that is a very ambiguous statement. If it is something that will heal but gives you pain now, it isn't worth much. If it is something that will or could require surgery to repair, obviously those costs and pain need to be considered.

what do you think is fair?

$112,000 but would readily accept $97,500

and if you can figure out how I got that number, you are one step closer to realizing the answer to your question.

actually, in a lot of places, a 3X rule of thumb, although not official, is observed. If your actual damages are $4500, then $13,500 would be proper for compensatory damages with a total of $18,000 as the demand (just like you were asking for)




ps: I pulled the numbers from my underside. Damages are often sought due to not what they truly are but simply what you can negotiate. There are many many awards that simply defy logical justification. They are simply the result of what the plaintiff's attny could "sell" to the defendants attorney or the jury.

What you are willing to settle for is going to be what their insurance company can sell you on.