I was in a car accident about 8 months ago and will need a small surgury in my left shoulder, I lost some great time away from work. There is a chance I may have complications and pain with my shoulder for a long time and it's just been a mess for me. My car was totaled. Accident was not my fault. This is still within statue of limitations and it seems like there only offering to pay medical and 20k over for pain. Too me that doesnt seem good enough. Any suggestions?
The payment of financial compensation stemming from an act of negligence is a highly fact-dependent matter. The determination of what is 'fair' is something that only you, in consultation with a experienced personal injury attorney, can determine. If you have not retained a personal injury attorney, it would be highly advisable to do so. An insurance company has its best interests in mind, not yours, when it negotiations with someone who is unrepresented by counsel.
If you don't feel the amount you are being offered is fair, and you have not consulted with an attorney in your area, please do so. You can look up an attorney using avvo.com.
Finally, don't rush to settle your case, particularly if your injuries at not completely healed. It is important that you reach maximum medical improvement, or, if this is not possible, that you have a complete understanding of your medical situation before accepted payment for the settlement of your claim.
There are many variables that will determine the value of your claim. A short answer on AVVO is not the proper forum to evaluate those variables. You should contact an attorney who can assist you and asnwer your questions. Most attorneys working in the personal injury field will provide a free initial consultation.
The insurance company is not goint to offer you "fair value" for your claim unless you have shown them that you will accept nothing less than fair value. The only entity that can tell an insurance company what is "fair value" is a jury. If you have not shown the insurance company you are willing to take your case to a jury, they are not going to take you seriously. The first step to show them that you are serious is to hire an attorney.
No, it doesn't seem good enough. One of the factors that needs to be emphasized and properly documented medically is the potential that you may have complications and pain with the shoulder for a long time. If you have not had an experienced personal injury attorney in your jurisdiction go toe-to-toe with the insurance company you should be aware that the insurance industry's own statistics indicate that once an attorney is brought in, the value of the claim increases.
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