Results 1 to 9 of 9
  1. #1

    Default What is Fair Compensation for Minor Whiplash and Headaches

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

    Hello. Was a passenger in an auto accident and sustained minor whiplash and headaches. Other driver was at fault and had good insurance, they are compensating me pain and suffering (drivers company for lost wages and expenses). Diagnosed at urgent care center of whiplash and Suboccipital Headaches. Followed up at a university hospital with 8 weeks physical therapy and a consultation with a neurologist is scheduled that I was referred to by my pcp, a well respected physician. No X-rays or MRIs. Missed 2 days of work. Ordered not to work out or do sports for 4 weeks. Had to hire a dog walker to walk my dog because of injury for a month ($400 total for 20 walks)

    Pain/suffering/inconvenience settlement offered was a little under $3000. I felt this was low and sent a well worded counter offer of $15,000. What is a reasonable settlement in your opinion? Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    Quote Quoting hopkins20
    View Post

    Pain/suffering/inconvenience settlement offered was a little under $3000. I felt this was low and sent a well worded counter offer of $15,000. What is a reasonable settlement in your opinion? Thank you
    Correct me if I am wrong, but it appears that you fully recovered from your injury by the end of three months.

    If that's true then you are being offered $1000 per month for pain and suffering (for what you admit is a minor injury) plus your medical expenses, loss of earnings, and other expenses.

    That sounds about right.

    There might be room to squeeze a few more bucks out of it but not much.

    When you get the claim rep's response feel free to come back to this thread for additional discussion.

  3. #3

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    She would not budge from the offer and told me I might want to consult an attorney.

    Ridiculous since I provided more information, including about the headaches and neurology referral, and cost of the dog walking that was directly tied to the injury it was surprising that no counter offer would be made

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,604

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    Quote Quoting hopkins20
    View Post
    She would not budge from the offer and told me I might want to consult an attorney.

    Ridiculous since I provided more information, including about the headaches and neurology referral, and cost of the dog walking that was directly tied to the injury it was surprising that no counter offer would be made
    To be honest with you, I think $3000 is a little on the high side. You decide if you want that or not as there is a time limit on there offer.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    I don't disagree but it's my nature to maximize things like this. I spoke with a lawyer today and he seemed enthusiastic and seems to have legit good feedback online . Is there anything to be weary of signing on with a lawyer? Even after he takes 1/3 I'll still get more than 3k the insurance company offered if he accepts my case?

    Thanks

  6. #6
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    Quote Quoting hopkins20
    View Post
    She would not budge from the offer and told me I might want to consult an attorney.

    Ridiculous since I provided more information, including about the headaches and neurology referral, and cost of the dog walking that was directly tied to the injury it was surprising that no counter offer would be made
    I guess you got one of those claim reps who was willing to dig in her heels. Some companies are like that.

    Options:

    1 - Put the claim aside for a couple of months. Claim reps hate having small claims open for a long time. It hurts their performance numbers and managers start asking questions. Then wait until she follows up with you and tell her she'll have to do better if she wants to get the claim out of her pending pile. You have 3 years in MD to file a lawsuit so you have plenty of time to play the game.

    2 - Sue the other driver. If you don't want to hire a lawyer you can sue in small claims court but only for the $5000 limit. When she has to turn a $5000 lawsuit over to the insurance company lawyer, she's not going to look to good to her manager.

    3 - Hire a lawyer. The lawyer will get a third of the settlement or 40% if it goes to trial and even a lawyer isn't going to get you $15,000 on a minor injury like yours. There are many lawyers that handle large volumes of small claims and push for a quick settlement so they don't have to front the money for litigation.

  7. #7

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    Thank you for your advice. I used the leverage of small claims court to get the settlement up up $4200, which I accepted.

  8. #8
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    Quote Quoting hopkins20
    View Post
    Thank you for your advice. I used the leverage of small claims court to get the settlement up up $4200, which I accepted.
    I've been on both sides of the claim process. I've been in more accidents caused by other drivers than I care to remember.

    You did good getting $4200. Happy to have helped.

  9. #9
    Join Date
    Mar 2017
    Posts
    1

    Default Re: What is Fair Compensation for Minor Whiplash and Headaches

    Hopkins20, What specific injuries do you have? Whiplash is not an injury, it's a mechanism of injury. From what I see you need better medical providers that specialize in finding and treating injuries related to motor vehicle collisions. For example, no x-ray or MRI...that crazy. There are specific x-rays that should be taken to detect injuries with your spine at end range of motion. Many time these specific x-rays will detect injuries that are permanent impairments. Impairments means the injury will never heal 100%, it does not mean you have a disability which is different. These injuries many not have symptoms right away but can and will likely cause problems in the future if not treated properly. Please let me know if you have specific questions.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Accidents: How to Get Fair Compensation for RSD/CRPS
    By lawfacts in forum Accidents and Injuries
    Replies: 1
    Last Post: 01-02-2017, 07:52 PM
  2. Traffic Accidents: How to Get Compensation for a Whiplash Injury
    By Thursday87 in forum Accidents and Injuries
    Replies: 2
    Last Post: 11-13-2015, 02:52 PM
  3. Traffic Accidents: What Compensation Should You Get for Whiplash
    By yamafx4dude in forum Accidents and Injuries
    Replies: 10
    Last Post: 12-02-2013, 07:20 PM
  4. Traffic Accidents: Golf Vs. Semi What is fair compensation?
    By beenpickin in forum Accidents and Injuries
    Replies: 1
    Last Post: 08-07-2006, 06:40 PM
  5. Traffic Accidents: Whiplash Compensation
    By patmdoyle in forum Accidents and Injuries
    Replies: 2
    Last Post: 07-12-2006, 08:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources