Car accident personal injury claims

[bhogar]

Someone t-boned my car about two months ago. All the airbags were deployed and the car was totaled. Since then I have been suffering from medical problems like concussion, cervical radiculopathy, left shoulder pain/weakness, stiffness, headache, and dizziness. I had, CT scan, MRI, and EMG pending. My physical therapy for the neck/shoulder and another PT for concussion have been going on since April. At this point, I have no idea when I can return to my work. My health insurance paid most of the doctor visits, labs and I paid at least $2K worth of bills. And, my lost wage is also covered by my employer's insurance.

My question is about economic and non-economic losses. I do not want to hire an injury attorney to take it to court as it may take years for everything to get settled.
1. Can I claim the full amount of the medical bills even if it was covered by my health insurance?
2. Can I claim my lost wages even if it was covered?
3. The insurance company wants me to provide a number. How much should I settle in?

[suzy_q2010]

Lawyer. Now. Do not try to negotiate with the insurance company yourself.

[webster]

Many years ago I was hit by a vehicle while walking in a crosswalk. I could hear my knee crack as the bumper hit me. I let my father handle it, but as a businessman he was familiar with it all. He gave them a figure, medical costs, pain and suffering, time off of work, transportation costs (gas, wear and tear on the vehicle - use the IRS table for medical travel) to and from doctors and so forth. Even time on the phone making appointments, waiting in the doctor's office, standing in line at the drug store for the bandages and the time keeping the records is reimburseable. His attitude to them, was pay or we go to court.

My father had them pay all of my medical costs including those paid by insurance since in the end, a person paid for them through the premiums. All of my paid time off of work was paid, even sick leave. Again, that's a benefit that would not have been used had it not been for their insured.

They have an army of lawyers. Unless a person is adept at this kind of thing and can be an unyielding SOB, a lawyer is needed.

What is the going rate now for "pain and suffering?" Back when I had my accident it was salary times a certain number of weeks but I can't recall the formula.

I was lucky, I healed. I have a good friend who was hit and now 30 years later the MRI shows damage to the spine and the meninges (which protect the brain and spinal cord). As someone who never did sports or had any other trauma, it is quite possible this is from the accident - or perhaps not...Point is there could be things that pop up. Wait and wait before settling and consider an attorney.

Never, ever let their rep. into your home. Meet them at a neutral place such as a library with a friend so you have a witness. Do not let them record the meeting. If you let them in your home, they will be eyeballing what you have and later you may hear things, like "the person needs the money" or "the person has lavish things and wants more."

If not using an attorney, come up with a figure and don't budge. Tell them that's it or risk an attorney and a trial.

If settling, be prepared to sign something when the check is handed over that you are conceding that they are not at fault; that is normal and its unsettling to see it, but they don't want someone coming back later and say they had damaged meninges!

This was/is a life changing event so due to the seriousness of this, consider an attorney. No telling what might come up years from now. I'm old; while the knee is fine, I have back problems, most likely from a fall in high school. Back then they did not have MRI's; who knows what in a few years they can diagnose that they can't now.

[skeddy]

hire an attorney, the going rate is 40%.

[bhogar]

Originally Posted by suzy_q2010

Lawyer. Now. Do not try to negotiate with the insurance company yourself.

I don't have anyone to help me or time to work with an attorney for a long time perhaps many years.

[lubby]

what about your auto insurance or the other guys insurance? Shouldn't they be paying too? I am in NY and I am a broker and you should be submitting this claim under PIP. I don't know what the laws are in Virginia but in NY if another person hits you and causes injury a claim should be filed with the OP auto insurance company. Get well soon.