Results 1 to 5 of 5
  1. #1

    Default What is Fair Compensation for a Whiplash Injury

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

    Hello,

    I am writing on behalf of my father who is 64 years old and severely diabetic.

    My father was involved in a multi vehicle rear end collision. He was deemed not at fault but car was deemed a total loss where he was given compensation for it roughly around 5,000 dollars from his insurance company. Furthermore, it was a typical whiplash injury that jolted him quite bad where he had to get months of PT, doctors appointments, MRI, CT scans etc. The end result was that surgery was indicated at two spots, I believe they want to do a spinal surgery type procedure. Its caused his discs to compress on certain nerves which cause pain on the left side. After months of back and forth, to the doctors, where I have been literally driving him everywhere since he is a bit afraid to drive, the end conclusion is that, since we did not want to proceed with the surgery right now, I feel the lawyer we have may not have represented the severity of the case to the insurers. One of the reasons why we want to delay surgery is, my younger brother recently had open heart surgery, he nearly died and we only recently just got back to some level of normalcy in that hes stable and much better now. We sort of want to hold of on this and do this later if need be. Also, he is severely diabetic. Our primary care doctor is worried that because the spinal surgery is a big deal, it will cause more harm in the long run than what its intended purpose is which is potentially to help him. The healing will take long and it will lead to some permanent deficits. As it stands now, he has a bit of pain does eventually want to get it taken care of. He is still working although he is considering taking early retirement because when he works for long durations it causes him pain. He also has a fear of driving. He cannot simply drive at night, and I often find him making excuses not to drive alone.

    The lawyer he originally had, told us they would make a $3 million ask (which ofcourse was quite stupid, even I know thats too big a number), the pain and suffering multiplier they wanted to use would be a 4 and go from there (they used a multiplier of 2).

    Annoyingly they gave the case to one of their junior lawyers, who called us and said, this would settle for about $30K, after all medical bills, and fees, leaving him with about $10K. Furthermore, the lawyer is going after my father's insurance company to recoup the cost of medical bills and not the person who hit him. I tried to mitigate a office visit to sit down and understand this, and they didnt seem to want to entertain the idea. They kept saying we can talk on the phone, its almost as if they want to just brush us aside.

    I am worried that this will be a long term thing, especially considering with his diabetic status and the potential of having neuropathy.

    I am considering rejecting this offer and going to trial and help the lawyers help him more by showing the gravity of the situation in terms of how his health has been and will be affected, surgery or not.

    He cries often and is simply scared to get into his car.

    I would appreciate some direction on this matter and even thinking we are being short changed a bit in terms of the quality of defense to present our case to the adjuster.

    Thank you for reading. Any thoughts and advice will be greatly appreciated. God Bless.

  2. #2
    Join Date
    Sep 2010
    Posts
    18,230

    Default Re: Immediate Help Requested

    There's no such thing as a "pain and suffering multipler" in practice these days. If you want a certain amount, you're going to have to justify the actual day-to-day disability.
    You can't make claims based on medical conditions your father had before the crash. Diabetics get neuropathy, the accident doesn't change that (my diabetic son only has one leg, and until recently no viable kidneys before the transplant). You're going to find it hard to recover anything for your father's fear of another accident.

    You are in no position to accept or reject anything. You are not the injured party. You are not an attorney.

  3. #3

    Default Re: Immediate Help Requested

    Quote Quoting flyingron
    View Post
    There's no such thing as a "pain and suffering multipler" in practice these days. If you want a certain amount, you're going to have to justify the actual day-to-day disability.
    You can't make claims based on medical conditions your father had before the crash. Diabetics get neuropathy, the accident doesn't change that (my diabetic son only has one leg, and until recently no viable kidneys before the transplant). You're going to find it hard to recover anything for your father's fear of another accident.

    You are in no position to accept or reject anything. You are not the injured party. You are not an attorney.
    Thank you for your "thought" provoking response.

    Thanks for telling me what I am not, I am aware of that. You are right I am not the injured party (as I stated), you are right I am not an attorney (hence why I am asking on this forum and never claimed to be), and you are right its not up to me to reject or accept.

    But let me rehash a few things to cast away any doubt on various things in your response

    1. I am my father's son who has been taking care of him, attending to his appointments, driving him around and has a power of attorney, this is a decision he has vested in me as much as his hence why I am asking for advice on a potential course of action. In fact the lawyer's office has a release form for this purpose and keep in contact with me.

    2. I am personally not making any claims (as I said), it is his Physician (s) who are worried about doing more "harm than good" if opting for a surgery in the future considering his diabetic status. This is common sense, before you sign away on the dotted line, any surgeon will go over risks and benefits and will ammend things as needed in his case given his diabetic status, there is a cause for grave concern. It is not just neuropathy there is a whole gamet of other metabolic, serum, and cardiac ailments they are worried for in terms of this. This is one of the reasons why he hasnt been able to take pain meds as regularly due to this. I know a thing or two about medical ailments because I am a medical student myself and in a short amount of time a future physician.

    3. I am not sure what you are talking about, but Pain and Suffering is a real concept in accidents. There is acute P/S and then chronic P/S. If anything, this is the whole reason why his doctor is having reluctance to give him the go for surgery because they think he will "suffer" more after surgery than he is now.


    And this is moreso for your own knowledge, pain and suffering is indeed a real thing, especially with victims of MVAs because after surgery, and even during PT, various elements of the nervous system are attempted to be fixed, and hence causing stress on the parasympathetic and sympathetic nervous system will cause emotional, physical, and chronic mental responses that the human body isnt used to nor is the person themselves leading to the "pain and suffering" element.

    And lastly and most importantly, I am truly sorry to hear about your son's challenges. I wish him well.

  4. #4
    Join Date
    Sep 2010
    Posts
    18,230

    Default Re: Immediate Help Requested

    1. I am my father's son who has been taking care of him, attending to his appointments, driving him around and has a power of attorney, this is a decision he has vested in me as much as his hence why I am asking for advice on a potential course of action. In fact the lawyer's office has a release form for this purpose and keep in contact with me.
    Understand that despite the release (which merely allows the lawyer to talk to you, otherwise he'd be obliged not to give you any information). Despite your father allowing the lawyer to give you confidential information, that doesn't really convey that the lawyer is going to negotiate with you. In fact, he is specifically disinclined with the law from doing so. As I stated, he needs to talk to the principal or another attorney, not a lay family member.

    3. I am not sure what you are talking about, but Pain and Suffering is a real concept in accidents
    I didn't say otherwise. I said it's not going to be some magic multiple of the medical payments. That doesn't really happen anymore. The attorney will have to make a better justification based on number of days, type of disability suffered, etc... This is going to take research that we can't tell you how to do here but I can tell you until you have a definite medical plan going forward, its going to be hard to do, so you should be working with your father on getting him set on th at. Again, "almost a doctor" means nothing. Again, the fact that your father was already medically fragile is NOT the responsibility of the "at fault" party. You'er going to get LESS not MORE because of your father's preexisting conditions.

    If you don't like the lawyer, research finding another or work with the lawyer to change his outlook. That's really all you can do. You do not have the legal or medical knowledge to proceed, and we're not going to be able to teach you here. I'm sorry for the tone of my original post, but this is reality. I can't tell you that if you say "this" tot he lawyer or the insurer, you'll get half a million dollars.

  5. #5

    Default Re: Immediate Help Requested

    Quote Quoting flyingron
    View Post
    Understand that despite the release (which merely allows the lawyer to talk to you, otherwise he'd be obliged not to give you any information). Despite your father allowing the lawyer to give you confidential information, that doesn't really convey that the lawyer is going to negotiate with you. In fact, he is specifically disinclined with the law from doing so. As I stated, he needs to talk to the principal or another attorney, not a lay family member.


    I didn't say otherwise. I said it's not going to be some magic multiple of the medical payments. That doesn't really happen anymore. The attorney will have to make a better justification based on number of days, type of disability suffered, etc... This is going to take research that we can't tell you how to do here but I can tell you until you have a definite medical plan going forward, its going to be hard to do, so you should be working with your father on getting him set on th at. Again, "almost a doctor" means nothing. Again, the fact that your father was already medically fragile is NOT the responsibility of the "at fault" party. You'er going to get LESS not MORE because of your father's preexisting conditions.

    If you don't like the lawyer, research finding another or work with the lawyer to change his outlook. That's really all you can do. You do not have the legal or medical knowledge to proceed, and we're not going to be able to teach you here. I'm sorry for the tone of my original post, but this is reality. I can't tell you that if you say "this" tot he lawyer or the insurer, you'll get half a million dollars.
    Funny enough the lawyer called me today and asked that when the next meeting happens to please try to be present since it would help. I never said "almost doctor" means anything but it means enough for me being a 4th year medical student where I can understand medical jargon in a substantive way than your average joe but never claimed to be a doctor. Its like me pretending to know something about law infront of my pre-law friends, which I dont know nor would I pretend to know hence why I am here.

    Your last paragraph was more in line of what I wanted to know, I thought I was loosing my mind in terms of considering to change lawyers, but as you said, Id like to give them another chance to hopefully come to terms. Yeh its a whiplash not complete paralysis (THANK GOD) where surgery was indicated so I am not expecting not even considering half a million.

    Thanks for your input again, have a wonderful week.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Accidents: What is Fair Compensation for Minor Whiplash and Headaches
    By hopkins20 in forum Accidents and Injuries
    Replies: 8
    Last Post: 03-04-2017, 06:39 AM
  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: Rear-Ended, Whiplash Injury Claim
    By happygolucky_in in forum Accidents and Injuries
    Replies: 3
    Last Post: 10-29-2012, 12:13 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