Is this a fair offer for settlement?

Asked over 4 years ago - Dallas, TX

I was in an auto accident and my medical bills were $5200 and auto damages were $1000. The adjuster offered me $600 and they will pay medical as well. Is this fair offer for all the pain I have been through or is this a low ball tactic by thier insurance. What would be a reasonable amount or should I seek legal representation? I don't want to drag this out for a long period of time? Also my chiropractor released me but I still ache. Can I go to a massage therapist and have that submitted as medical?

Attorney answers (6)

  1. Carmine John Giardino

    Contributor Level 14

    Answered . Knowing more facts could change my answer, but based on the limited information you provided, I would say that this offer is way too low. These are the kind of offers you can expect when you try to settle a personal injury claim on your own. You really need to hire a personal injury lawyer as soon as possible. If you wait too long, you could lose the right to sue and recover from the person that caused the accident and/or the owner of the responsible person's car. I can give you a free consultation if you like. My phone number is (210) 599-1993. You can also visit my website by clicking the link below.

  2. Jason Eric Kipness

    Contributor Level 14

    Answered . DO NOT HANDLE YOUR CLAIM WITHOUT A LAWYER!

    You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

    The insurance company is not your friend and is not concerned with your injuries and pain.

    Their goal is to make $ by paying as little as possible on the claim. They will frustrate by you by delaying payment, giving you a low offer, or denying your claim hoping you will get mad and go away.

    I should know because I worked as a lawyer for insurance companies for 10 years.

    You may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

    Sincerely,

    Jason Kipness

    I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454 and my office is in Dallas.

    Please visit the links below for free VIDEOS and information about Dallas car accidents.

    You can also send a confidential e-mail to my website at www.kiplawfirm.com.

  3. Jason Eric Kipness

    Contributor Level 14

    Answered . DO NOT HANDLE YOUR CLAIM WITHOUT A LAWYER!

    You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

    The insurance company is not your friend and is not concerned with your injuries and pain.

    Their goal is to make $ by paying as little as possible on the claim. They will frustrate by you by delaying payment, giving you a low offer, or denying your claim hoping you will get mad and go away.

    I should know because I worked as a lawyer for insurance companies for 10 years.

    You may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

    Sincerely,

    Jason Kipness

    I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454 and my office is in Dallas.

    Please visit the links below for free VIDEOS and information about Dallas car accidents.

    You can also send a confidential e-mail to my website at www.kiplawfirm.com.

  4. Parker Price Polan

    Contributor Level 13

    Answered . If you are in pain, you should go to the doctor asap. If chiropractic treatment hasn't worked you should get an MRI to see what is wrong. Also, you shouldn't attempt to handle this claim by yourself. Talk to a lawyer. You are entitled to recover past and future medical bills, lost wages, pain and suffering and mental anguish, and disfigurement. I handle claims such as yours on a daily basis. I would be happy to discuss this with you. My number is 512-472-8318.

  5. Andrew Daniel Myers

    Contributor Level 20

    Answered . That is a classic "lowball" do not even think about it. An exact down to the penny answer can not be given without reviewing all of the facts in an injury case in their entirety, including all of the medical records. There is a general formula that is based on a number of variables. I evaluate personal injury claims every day and have published an article on the topic. Having tried many cases both to juries and to judges in “bench trials” I have learned what generally works and what does not. To summarize, the ultimate settlement range includes evaluation of the following:

    Total dollar amount of all medical bills.
    Itemization of portion of medical bills that are outstanding or must be paid through liens.
    Length and extent of any total disability.
    Length and extent of any partial disability.
    Residual loss of function/disability.
    Age of injured person.
    Activities of daily living of individual, pre and post injury.
    Permanent scarring or disfigurement.
    Potential need for future treatment.
    Diagnosis of all injuries.
    Lost wages/lost earnings capacity. (Documented, not speculative. “Under the table” earnings do not count.)

    Each factor must be clearly documented. There must be medical support for each factor, stating that each was caused by the accident.

    The existence of prior injuries of any type and previous insurance claims adds a wrinkle to any case, but can be dealt with. The personal injury attorney must know about this from the outset and not learn about such factors only after the insurance adjuster slaps us in the face with it. I can deal with almost anything with a forthright client.

    Finally, the insurance industry's own publications acknowledge that once an attorney becomes involved in a bodily injury claim the value at least doubles. Nearly all personal injury attorneys give a free consultation. Therefore, anyone serious about optimizing their own personal injury settlement retains an experienced personal injury attorney in their jurisdiction.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  6. Michele G Pearson

    Contributor Level 10

    Answered . Your main focus should be completely understanding the full extent of your injuries and what the future holds for treatment. This offer is a travesty...really. The insurance company is ignoring your pain and suffering, also known as general damages in most states. In the hands of an experienced personal injury practitioner, your claim will not "go on forever", and you will have the peace of mind knowing that someone who deals with the insurance defense world has your best interest at hand.

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