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Question regarding soft tissue claims made by adjuster.

Miami, FL |

I was in an accident a year ago and suffered a concussion, and multiple cervical herniations. My neurologist wrote in her final report that i suffered traumatic brain injury with cognitive impairment and personality change. she also states that this is a result of my accident and they are permanent. My orthopedic also states that my injuries are a result of this accident and I will require surgery. My question is: The insurance adjuster is saying that these injuries are minor soft tissue injuries. I am quite confussed by this given the problems that i have had and still continue to have on a daily bases. Is this a typical thing adjusters do to downplay your injuries or does this mean I have to just accept his opinion of my injuries. Any help would be greatly appreciated.

Attorney Answers 12

Posted

Absolutely it is a typical thing. Insurance companies are profit machines not fair or kind things. That's why there are lawyers out there who can typically help you, not always mind you. The adjuster is not a doctor, and sometimes they are working off of a computer that figures your damages for you. They never take your MRIs or X-Rays to a doctor to get an opinion. They offer you only so much, hope you will take it, and go away. They don't want a legal fight yet they may talk down to your attorney and try to lecture them on the weakness of your case.

Simply enough, talk to an attorney, more than one. Get an idea of what you are dealing with. Insurance companies don't pay what they don't have to, and they don't have to till a court says they do.

No attorney-client representation relationship has been established. Only with a signed contract, being an express agreement between us, is an attorney-client relationship established.

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Posted

I'll leave it to the contributors that follow to explain why, but do yourself a favor and hire a local and qualified personal injury attorney.

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Posted

That is the insurance adjuster's party line. Unless you have a bone sticking out (and even sometimes then) you have a minor injury. Sometimes they believe it, sometimes they don't, but they almost always throw that out there. If you have the injuries you describe and an adjuster is giving you that line, make sure to get an attorney to run that gauntlet for you.

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Posted

Adjusters almost always downplay injuries. You need a lawyer.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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Posted

Based on your comments, you definitely have suffered significant injury that is much more than a simple soft tissue case. I gather from your question that you are attempting to resolve the case with the insurance company yourself. This is ill advised and explains why you are getting the run around. I strongly urge you to seek the advice and counsel of an injury attorney near you. My firm is located in Sarasota Florida. Do not allow yourself to be taken advaantage of. If I can be of any assistance, please feel free to call, (941) 953-4555 or visit our web site www.morgandramis.com Good Luck.

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Posted

It sounds like you have a serious injury and you are dealing with a typical insurance adjuster. Do you have a lawyer? If not, you need to find one right away who is willing to litigate. Feel free to give me a call if you have any questions. 954-341-2777
-Jeff

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Jeffrey Alan Adelman

Jeffrey Alan Adelman

Posted

none of us would be in business if insurance companies were fair.

Posted

You should contact a local personal injury attorney and learn the full scope of your rights. The adjuster is not your advocate and in typical fashion they are minimizing your injuries.

This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided “as is” without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regar’s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

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Asker

Posted

thank you all, i will be talking to an attorney.

Jacob Adam Regar

Jacob Adam Regar

Posted

You're welcome. And that's a very good idea.

Posted

Denying claims and making small payments is their goal. Get an attorney that can explain your legal rights.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

The statements of the insurance adjuster are quite typical and, as you suspected, are only meant to create doubt in your mind about the value of your injuries. Even so, I would not ordinarily lump a "traumatic brain injury" and "multiple cervical herniations" into what is commonly if erroneously referred to as soft tissue injuries. That term is a misnomer anyway, as mere "soft tissue injuries" can be as painful and disabling as broken bones. However, I am concerned for you in that you do report injuries that can be very serious and long-lasting, and you seem to prefer trying to handle this claim on your own rather than seeking professional assistance. Don't get hurt twice, as some yellow pages advertisements proclaim. Find and use a reputable attorney.

Disclaimer- The information you obtain through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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You should ask all these questions of your attorney (you should have one) who is in command of all the pertinent facts in your case & can honestly assess for you whether your case can be settled presuit or if litigation may be needed. It's also important to emphasize that info put out here isn't privileged whereas your conversations with your attorney are. The bottom line tho is that adjusters want to minimize their exposure and will often play the deny (delay) game; his word is not the final one by any means as to your injury status, prognosis, etc

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Posted

Insurance companies don't want to pay out money for claims, thus, will try to minimize the injuries. You absolutely need a lawyer to represent you, and I would recommend searching Avvo for a brain injury lawyer. If you don't have a lawyer, you would not get the proper compensation.

Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.

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Posted

You can find closed head injuries verdicts & settlements @ the Verdict Search "Hot Sheet" at:

http://www.verdictsearch.com/index.jsp?do=news&rep=recent&art=122311_hs

After you buy and read a few of these reports involving cognitive brain injuries, I hope your no longer confused and realize there is a significant difference between a cognitive brain injury case and a soft tissue injury case and pick up the phone and schedule an appointment with a local attorney. There is no comparison between the two types of cases and the adjuster is just doing his job. You should get an attorney to represent you immediately. You did not say the type of accident you had - but remember there are many different accident satutes of limitaions - so act immediately as if you fell on a cruise ship its usually one year - if a maritime claim, such as a fall on a vessel, it is usualy 3 years and if regular negligence such as an mva or slip and fall - in Fl it is four years. But, you should act promptly.

All opinions expressed here are those of their authors and is not intended as and does not substitute for legal advice. If you have a legal issue or matter, please see your attorney for evaluation of your individual case. Under no circumstances will the authors be liable to you for any direct or indirect damages arising in connection with use of this web site. The appearance of external hyperlinks to other web sites does not constitute endorsement. We do not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Robert L. Gardana, PA

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Asker

Posted

Thank you so much for your help.

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