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I was injured in a car accident last year, other party's insurance offering me $6500 for total settlement ,4800 for medical

Des Plaines, IL |

I was injured in a car accident last year, other party was at fault had no DL and ran on red light, head to head collision, his insurance(allstate) accepted liability. The injury was extreme pain in the chest , bruises and I developed fear of driving after the accident and I seek psychological treatment. My husband had minor injury
My health insurance paid the bills so far now and they have a lien with the car insurance
Now his insurance is offering me $6600 for total settlement ,4800 for medical bills (3000 for emergency visit) and 1800 for general damage.
1) Isn't the amount 1800 low ? What happened to 1.5 times medical bill rule
2)I want to make an offer of 3500 as general damages. I want to write in detail how it effected my life.
What would you suggest to me

I was not diagnosed with PTSD The psychologist said with practise my fears will go ,I can drive now yet I still have the fear of cars coming from opposite direction. I can say the fear doesnt affect my life too much but it still exists How much can I increase the 1800 with a lawyer? Thank you

Attorney Answers 9


  1. There is no such rule.

    The only "rule" is if you handle your own claim, the insurance company eats you for lunch.

    The ONLY way to get fair compensation Is to retain a lawyer to articulate the value of your case and document your damages.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. Are you still treating for PTSD? From the limited information I have, that seems to be your most significant injury. If you settle, you will have to sign a release that prevents further recovery on your part. You should consult with an injury attorney to fully explore your options.


  3. Hire a PI attorney on contingency to maximize your compensation. Insurers always lowball unrepresented claimants.

    Chenkasher@gmail.com
    Chenkasherlaw.vpweb.com
    773 853 3062

    This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.


  4. The short answer is yes, this offer is probably low. More importantly, you will not receive a fair offer without a lawyer. Insurance claims agents are professional negotiators and you are not. Their sole goal is to settle a claim as quickly as possible for the lease amount they can.

    A personal injury lawyer will not only negotiate on your behalf, they will also deal with all the liens and subrogation claims that likely accompany your claim.

    All injury firms, including mine, offer free initial consultations and are paid from a portion of whatever the firm recovers for you. Interview some attorneys and chose one you like best.

    Good luck.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.


  5. You will never get a fair offer without an attorney. With one there is no set amount above the offer. However, I can confidently state that an experienced personal injury attorney will maximize the amount you receive and prevent you from actually owing money when all is said and done.


  6. What one and a half times rule? There is no such rule. Attempting to deal with Allstate Insurance Company on your own is a bad idea.

    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.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.

    This ans. does not create an attorney/client relationship.


  7. There is 1 and a half times the injury rule. If the legal nightmare that you are creating for yourself is not evidence enough that you should hire an attorney to organize your case and present to the insurance carrier, then I do not know what is. If the case is strict liability and you have medical bills, repairs and general damages, then you need to have your case evaluated by an experienced car accident attorney who will quantify the value of your case. Best of luck.


  8. Retain a personal injury lawyer to get maximum compensation


  9. I agree with one of my fellow lawyers about the insurance company has you for lunch so to speak. Far too often people fail to consult with an attorney early on. Many mistakes occur without the benefit of legal representation. Even as a lawyer concentrating in personal injury law, I would myself have a lawyer represent my interests as the bottom line is you need someone between you and the insurance company. Know and protect your legal rights if injured, get a lawyer right away and one that will also assist you on your property damage.

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