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Medical bills totaled to $7000 including ambulance and hospital. The insurance offered me pain and suffering of 1200. Too low?

Emeryville, CA |

I was struck on the freeway from the car behind me because another car behind her had hit her. This is a 3 car accident on the freeway. I was in my early pregnancy and had a miscarriage a week later. During the accident, I requested an ambulance to the hospital because I was worried about my pregnancy. I skipped a couple days of work due to the trauma of accidents and medical appts. My lower spine is still in a lot of pain but refused to continue from the chiropractor because I'm pregnant again. Do you think the other insurance is paying me way too little for my pain and suffering? Help!

Attorney Answers 13


  1. This case has some complexities to it and you injuries are not resolved. Contact an personal injury attorney to handle this matter for you. But to answer your question, yes...I think it is too low.

    This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.


  2. Most likely yes, it is too low, and not surprisingly - they always lowball unrepresented parties. This is especially the case if the accident had something to do with the miscarriage. You may not have been asking this but if you want to get what your case is worth, you need to consult with a lawyer. With a multi car accident like this there may not be adequate insurance, so delay could hurt you.


  3. DEFINITELY does not sound like you are getting adequate compensation for your pain and suffering. You have a lot of great facts, but of course you may not know about it because you are not skilled in handling car accident cases.

    View my website & call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. The offer is low considering the facts surrounding your case, but without an attorney the insurance company knows that you are not fully prepared to go to Court. Consult with an attorney, and let someone else take the burden of this accident off of you. Keep copies of all documents, including medical bills and the police report, and get treatment that you need while you secure representation.

    Legal disclaimer: PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  5. Is $1200 to low? Most definitely. No insurance company is going to settle a case for FULL VALUE if they the know it's not primed for the courtroom. It's obvious that your damages are high considering what you've outlined about your miscarriage, the accident, your injuries, and the emotional trauma you've endured. You should get in contact with me or another qualified personal injury attorney on Avvo to consult with you about the case and handle everything in a professional manner. You've already been through enough, you should get the compensation you deserve.

    The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state. Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising.


  6. Congratulation on the pregnancy. Regarding your question: Insurance carriers really like negotiating with a person who has been injured but has not retained their own lawyer. It gives them an unfair advantage. Adjusters are trained to make low offers. Their job is to save their employer money; it is not their job to make you whole (in other words, it is not their job to make a fair offer).

    As you have read, you will be better off retaining your own lawyer. At a minimum, you should consult with a lawyer to decide if you want to get involved in the process. Simply meeting a lawyer does not obligate to proceed if you do not want to.

    Good luck.


  7. I agree with my colleagues and couldnt agree more. Go get a lawyer ASAP. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  8. When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney. If the accident was not a rear ender, the attorney will advise on fault and liability.

    When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.

    When arguing to get compensation from an insurance company for physical injuries as result of a motor vehicle accident or other such claim, medical examination notes and documentation a of injuries are what one would generally use to evidence the body parts involved and the extent of injuries. However, additional medical experts are almost always needed to properly present the injuries and future medical conditions to the Court.

    When an attorney makes a demand for such compensation, the demand letter will reference the medical records. The demand will also factor in future medical costs, among other things. Nothing sends the message of "here's the claim to save money on" better than a person making unsubstantiated demands and doing so without having an attorney.

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

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    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  9. The offer from the insurance carrier is incredibly low. You have to understand the insurance carrier representatives are trained very well and they are trained to pay very little or nothing on claims. If you still have residual discomfort and pain you need to have your medical doctor refer you out to a specialist and perhaps have an MRI to determine what is the true cause and nature of your condition. Seek out competent personal injury representation; you’ll be glad you did.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  10. Without a lawyer, you will likely get 1/10th of the true value of the case. Search Avvo's "find a lawyer" tool for a top-rated personal injury lawyer in your city with a low contingency fee. Good luck.


  11. ABSOLUTELY. IT IS TOO LOW!!! DO NOT SIGN ANY LEGAL PAPERS OR SETTLEMENT WITHOUT HIRING A PERSONAL INJURY ATTORNEY. A REAR ENDER IS A CASE WHERE LIABILITY IS REMOVED AND YOU CONCENTRATE ON THE DAMAGES. BASED ON YOUR FACTS YOU NEED AN ACCIDENT LAWYER TO REPRESENT YOU. BEST OF LUCK.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  12. You need an attorney right away. If you can get medical testimony that links your miscarriage to the wreck, this is a huge case.

    This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.


  13. Without more information regarding the case, I would tentatively say that they are low balling you. I would strongly recommend that you at the minimum consult with a personal injury attorney to review the case and help you receive the money that you deserve. If you have any further questions, I am more than willing to help you with your case. Best of luck.
    (310) 207-4030

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