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!
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.
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.
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.
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.
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 J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
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.
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.
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.
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.
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