I was in an accident in 07/2012 went to my chiropractor bill is 4800.00 physical therapy 300.00 MRI 3400.00 interpreter 800.00 orthopedic doctor 400.00 my health insurance covered the orthopedic doctor I have a rotator tear and will have permanent pain refuses surgery the young lady who hit me did not have insurance filed under my uninsured motorist coverage insurance company offered me 12835.00 I will walk away with 2800 for pain and suffering after bills are paid... Is this fair to me
Many times when an attorney is not involved, the insurance company will not treat you fair.
Darrell B. Reynolds, Sr.
Attorney and Counselor at Law
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Based upon your injuries, this is not a fair offer at all. Is surgery recommended for the rotator cuff tear? Even without a surgical recommendation your claim is worth far more than this offer. I would strongly recommend that you consult with an experienced attorney as soon as possible. If you wish to speak to me further about it, please call me and I will be happy to go over all of the details.
Calculation of full value of a personal injury claim requires analysis of many factors, some of which you mentioned, but many of which are beyond a posting like this. Other factors include how the injury impacted the individual and will continue to have residual effects. Insurance companies also 'lowball' people who are unrepresented - that is not my opinion, but is based on the insurance industry's own statistics. If there is such a thing as an injury calculator, here it is: [Blue-Link-Below]
There's no way to determine "what a case is worth" without knowing everything about a case. A lawyer can 1) likely get your offer a little higher; 2) negotiate the medical bills down; 3) put more money in your pocket even after attorney's fees are paid.
I'm happy to work with you on this. Since you've got what I'd tentatively call a "fair offer", I'd be willing to slash my contingency fee substantially and look into your case. Give me a call if you like. My direct number is 678-453-8554.
Please if you do nothing else, consult with an attorney. Myself as well as others on this forum are available to speak with you. If you want to talk through your injury & related claims, I can be reached @ (404) 303-8875. Otherwise, I wish you a speedy recovery.
Sam Levine, Esq.
I'm not sure if I fully understand your case. It is impossible to know how much your case is worth without several other determining factors... Do you have any pre-existing issues with your shoulder? Was the at-fault person uninsured? Why is there a refusal for a surgical procedure (which could potentially raise the value of your claim)? I would recommend you call an experienced personal injury attorney immediately.
If you make the enormous mistake of representing yourself, on average, insurers will offer you at least 70% less than if you had counsel. Even worse, the statements you make to them will be used against you to reduce payment.
If you do not yet have an insurer, stop talking to the adjuster and see a lawyer ASAP. If you do not have one, feel free to call me 404-768-3509 to evaluate your case.
Paying less than $13,000 on a rotator cuff tear would be the insurance company stealing your claim. Your accident is only about 8 months ago and it is very doubtful you have reached maximum medical improvement. It is probably too soon to contemplate settlement. I suspect that you may be trying to deal with this situation without the benefit of counsel. That is a big mistake, especially when I see the carrier offering you pennies on the value of your claim.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Based upon your injuries, and assuming you no per-existing problem with the rotator cuff, it sounds like a low-ball offer. An attorney can usually negotiate down the amount of your medical bills while negotiating up the settlement offer. You may have additional damages. as well as additional resources available to you that you are not aware of. Before accepting any offer I suggest you have no further communication whatsoever with your insurance company and have a PI attorney evaluate your entire case with you.
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