Whole Body Impairment Rating

[kleahy1989]

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


My boyfriend was in a car accident back in August, we don't want a lawyer we think we can do it on our own, especially since the other person got arrested at the scene for DUI. So, he recently received his six month evaluation from his chiropractor, and they gave him a 13% whole body impairment. I've been dying trying to find out a price for this. I was able to find out that in Indiana it is $1,500 per 1% whole body impairment

i.e. 13 X 1500 = 19500.

does anyone know what this amount is for Florida, I am trying to put a letter together to send to the insurance company. Thanks!

[Mr. Knowitall]

There's no magic formula in any state for how much money you get from a negligent driver after a car accident, and you should not expect the insurance company to blithely accept the impairment rating given by a chiropractor. If the claim is substantial it's quite possible that the insurance company will request its own medical exam, and decline to settle without it.

Do not confuse rules for worker's compensation cases with rules for personal injury litigation - the two fields are distinct.

[poppycat]

1) there is no magic formula, but there are statistic & programs that estimate what a case is worth.

the insurance company weighs the expense of court cost against out of court settlement.

2)MR Knowitall is derogatory & incorrect about attacking the credibilty of a DC, An impairemnt rating is given by AMA guidleines, A chiropractor is a doctor of chiropractic & can give IR. as long as they follows those guidelines.



however, from your facts given,

I say sprain /strain because you did not describe "any injury" other than 6 months of chiro care..and that is what primarily what they would treat soft tissue... The DC would have referred out to other doctors if it was more serious like a ruptered disc.

A jury will be sckeptical that the injuries are serious enough to warrent much in the way of big bucks.. yes ,the careless driver was at fault but the compensation must be reasonable & reflect,

Ask yourself how is it possible that he was given 13% with no permanent injury?
13% is rather high,,,??????( i guarentee that is wrong)

a ruptered disc is only 5%, a knee injury requiring surgery is only 5%
back surgery is only 10%
failed back surgery & fractures is 20%-23%) neurological compromise
25% is serious back injury & fractures

I am discussing specific body parts so whole body is even higher standards.

(NOt a lawyer)

[Mr. Knowitall]

As should be quite obvious to anybody who can read, I didn't say anything negative about chiropractors. But since you raise the subject, anybody who has any knowledge of insurance companies and personal injury claims knows that insurance companies are skeptical of chiropractors.

But that wasn't even the issue - the issue was whether the insurance company can be expected to defer to a claimed impairment rating without having the claimaint undergo an IME. If there's any appreciable amount of money involved, the insurance company will require an IME. That would be true even if this impairment rating were being provided by his GP.

It astonishes me that, after your ignorant personal attack, you argue that based on the facts alleged a 13% disability rating isn't credible. Tell me again why I was wrong to point out that the OP "should not expect the insurance company to blithely accept the impairment rating given by a chiropractor."

[kleahy1989]

Thanks for answering my posts.

First, I wasn't expecting anyone to give me a formula - I know none exist, just thinking maybe a little help on what we should expect, without getting ripped off from the insurance company.

I also know that insurance companies are very skeptical about chiropractors, yet I also have the reports for 2 different neurosurgeons stating that he is recommended for surgery within 3-5 years. Yet, because he is only 26 they don't want to do surgery now. Along with all that, I also have all the reports from the imaging (MRI's, XRAYS, etc) that now says he has multiple torn, herniated disks, etc. Sorry I didn't clarify his injures before. The chiropractor actually gave him a 17% whole body impairment, but since he was in the military, and over in Iraq, he took 4% off due to normal wear and tear on a back of someone who has been in the military.

It is back problems he is having as a direct result of the car accident. State farm (the other drivers insurance) hasn't requested a exam on him yet, yet his insurance company did..

They gave him an offer, but honestly for the pain I see him go through everyday (I saw him everyday for months before the accident and now after, and there are days we stay in our apartment because he cannot walk up and down our stairs) He is a Marine, he can handle pain, so a settlement that is just going to pay off his truck doesn't seem right. Especially when it was a drunk driver who hit him, and then proceeded to try and bribe him and his mother not to call the cops since she new she was driving drunk.

I'm trying to help him get the most without going through a lawyer. Honestly, I think he should get one, I've personally seen the benefits when i had my own personal injury case when I was younger. But we want to try and get this done soon, as bills keep piling up and so do the collection calls.

He's not requesting a ridculous number, we're looking for about 60,000. As he does not have any health insurance, besides the VA, which won't cover anything that is not from military surgery. We need to make sure if he needs future surgeries we have the money for it. As well as pay off his truck that he owned for less then a year when it was hit, as well as current medical bills that are already up to 2,500.

Also anyone know how to get restitution, the women received two DUI charges, and was ordered to pay restitution, yet we've received nothing about the payment schedule etc. The probation office has said they can do nothing, that they cannot make her pay.

One more question is punitive damages. I've researched into Florida Statutes and know that there is no limit, and i really do not need to show proof that the women was negligent for punitive damages for a dui case. My question is can I receive punitive damages from state farm or would i have to take the case to court in order to get them?

[poppycat]

you are correct a PI lawyer is smart, this is too complicated to handle alone,

The insurance company cannot undo the crash,, but they will argue that the injury was not caused by the crash..they will investigate to see if the injury is consistant with the crash mechanics.IE;
many disc injury is cause by improper lifting, falls , rear end collisions.

liability is not the issue, the amount of damages will be the issue & were they caused by the crash.

They will look into past records to see if there was pre-existing that was not disclosed...

They will vigurously fight this case to pay as little as possible.
As far as punitive it may come down to policy limits & asssets.

regardless, the award needs to be reflective of the injury.

sometimes someone is in a horrible crash but walk away with no injury. or a rather innoculous incident may result in severe injury or death.

best of luck

[aaron]

They gave him an offer, but honestly for the pain I see him go through everyday (I saw him everyday for months before the accident and now after, and there are days we stay in our apartment because he cannot walk up and down our stairs) He is a Marine, he can handle pain, so a settlement that is just going to pay off his truck doesn't seem right. Especially when it was a drunk driver who hit him, and then proceeded to try and bribe him and his mother not to call the cops since she new she was driving drunk.

You can use a lawyer for a reality check on the offer, and you can try to negotiate a deal where the lawyer's fee is based upon a percentage of the recovery in excess of the existing offer. (I can't guarantee that you'll find a lawyer willing to do that, but it doesn't hurt to ask.)

Also anyone know how to get restitution, the women received two DUI charges, and was ordered to pay restitution, yet we've received nothing about the payment schedule etc. The probation office has said they can do nothing, that they cannot make her pay.

You can check to see if the prosecutor has a victim's rights person you can speak with, or see if somebody at the probation department will speak to you. Typically restitution is rolled into the defendant's monthly payment toward fines, supervision fees, etc., then forwarded to the victim; but I can't state what the actual practices will be in your state and county.

One more question is punitive damages. I've researched into Florida Statutes and know that there is no limit, and i really do not need to show proof that the women was negligent for punitive damages for a dui case. My question is can I receive punitive damages from state farm or would i have to take the case to court in order to get them?

The insurance company is going to make a settlement offer. Payment won't come in the form of "This part is for pain and suffering, this is for your doctor's bill, this is punitive damages" - it will come in the form of a single check for whatever you've negotiated. If you mean can you point to Florida law allowing punitive damages in this type of case, and use that to try to negotiate a larger settlement, certainly. Assuming no changes in the law since this case was decided:

A jury may award punitive damages where voluntary intoxication is involved in an automobile accident. See D'Amario v. Ford Motor Co., 806 So. 2d 424, 438-39 (Fla. 2001); § 768.72, Fla. Stat. (1997).

[kleahy1989]

Thanks everyone for the help. We spoke to one lawyer a few months back, very rude didn't want to talk about what he can do for us, just wanted us to sign that piece of paper that said 1/3 percent, he probably figured it was a dui case with charges and knew he would get money. it sucks to have to say that when i'm going to school to become a lawyer, but it's the truth most of the time. yet i've seen the benefits of a lawyer- hard to make a decision - may see if I can find a pro bono one in the area, or one that will negotiate with payment after we receive a certain amount.

thanks again!

[Defendant9]

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