In the settlement with auto insurance injury . Is it reasonable to be reimbursed for time spent in getting medical treatment ?

Asked over 1 year ago - Chattanooga, TN

My son was in a rear end accident not his fault . In trying to settle with the insurance . We figured 48 hrs spent in receiving medical treatment . . at $ 45 an hour which is 1 . 5 times his hourly he would receive $ 2160 . thank you

Attorney answers (7)

  1. Matthew Charles Hardin

    Pro

    Contributor Level 9

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    Answered . You need to hire an attorney to handle the case for you. There is a reason that the insurance company is trying to settle with your son absent an attorney's involvement. It's because they want to take advantage of you and he not knowing how to value a case. The insurance company is out to save money not to help you. Typical damages in a car wreck matter include loss of earning capacity which includes lost wages, pain and suffering, past, present and future medical costs, loss of enjoyment of life, and disablity. Once he settles he will never get another penny so it's important to make sure he has a long term understanding of his injuries from the wreck. A typical injury such as whiplash can cause lifelong problems. He also have to pay back his health insurance for whatever they paid on his behalf due to his injuries. That is called subrogation. If you don't pay subrogation, he can potentially be sued by his health insurance or be fined by the government if he received government health benefits. I don't know where found the idea about 1.5 times his hourly wage for damages, but that is not how damages are calcualted in a car wreck case.

  2. Christopher Gilreath

    Contributor Level 12

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    Answered . You can ask for it, but do not count on getting compensated for an hourly rate to attend doctor's appointments. There is no specific law in Tennessee that entitles you to that specific measure of compensation. It is more general - what is the value of harms and losses caused to you by the collision. Trying to measure an hourly figure is one way of doing it, but not the only way. If you go there, any halfway intelligent adjuster is going to press you for how you came up with $45 an hour, and then press you on why you elected to use a 1.5 multiplier. You are generally better off using a single dollar figure to represent your claim for non-economic harms and losses to avoid this kind of picking. Keep in mind that you will reach a better result if you consider working with a good personal injury attorney in your area. They are trained to negotiate with insurance adjusters, and to persuade them on your behalf.

  3. James Allen Frazier Jr.

    Contributor Level 10

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    Answered . Yes, it is reasonable to ask for time spent in traveling to and from medical appointments and the time spent at the actual appointment. I am not sure how you reached the multiplier, but he should at least be compensated for his time. I believe you are creating a multiplier under the theory of pain and suffering, that should be in addition to the lost wages claim. He can be compensated for past and future wages, past and future medical bills, and pain and suffering. I suggest you discuss this with an attorney, as it may increase your son's total recovery.

    You should consult an attorney immediately. This information provided does not create an attorney/client... more
  4. Nathan Zale Dowlen

    Contributor Level 13

    4

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    Answered . No, not really.

    Please note that my answering this question, does not, in any way, mean I represent you for this, or any other... more
  5. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes these are things all of which are compensable. You really should hire a personal injury attorney to handle this for you as I would imagine there are many more things that are also compensable that you may have left out. Good luck.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. David B Pittman

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . You should really her a personal injury lawyer to negotiate this for you. If you go against the insurance company alone they will lowball you.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you try to resolve a car accident claim without a lawyer, you will likely get 1/10th of the true value of the case at best. Find a top-rated Avvo attorney with a low contingency fee for representation. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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