0


Hey Guys,
I know its kind of a lot to ask for anyone to be offering advice on a case that they don't have complete knowledge of, but iv never been in the situation before and any and all help or advice would be appreciated.
I was hit head on in my lane on my motorcycle last May. My bike was totaled and i suffered some injuries which i have been working with my insurance company since then to settle. The cost of my bike was decided on and payed to me (along with gear that was scrapped in the accident) In what seemed like no time at all.
The injuries claims have been just the opposite.
I had deep abrasions to the bone on my right knee, and deep abrasions on my right elbow accompanied by some (yet undecided) damage to my tendon in my elbow and Tricep.
The abrasions kept me from work for 2 weeks at which point i was stir crazy and opted out of the remainder of my offered time off. (Also weary that my payment may be delayed a few month) My knee cap which is now healed is has a circular deep scar which to this day is uncomfortable to kneel down on, and just touchy in comparison to my other knee. My elbow tendon issue is spotty and seems to flare up whenever it wants to and sometimes causes a "
falling asleep" sensation in my lower arm.
After being sent from one insurance company rep to another for months, i finally got a preliminary offer yesterday Fri, April 12th.
After Medical expenses (which were very large and consisted of physical therapies) i was offered approximately $7,500.
My question is, where do i go from here? what are these types of injuries worth? and what is my best course of action?
This dollar amount has absolutely no meaning to me as im in the dark as to what an injury is actually worth.
If anyone has been in a similar situation or knows anything of the sort and could help me out i would be very appreciative.
I understand the nature of the information, if PMing me is a possibility i would love to know how other people fared with these kind of payouts as i have no idea what i should be hoping for. If it weren't for lingering issues and possible future problems, i would be inclined to just accept the initial offer as i didn't expect anything, but im now realizing it may be a smarter move to actually look into my options.
I have considered the idea of getting a lawyer to prepare me for these things, but i'm not eager to lose 1/3 of my settlement if with his assistance i only gain and extra 500-1000 dollars.
Thanks in advance to anyone who is able to assist me, or even offer advice.
-Mark
09 Ex500- totalled
08 SV650s!!!
Cages: Ford Excursion
Ford Mustang Gt
Toyota Rav4
Consultation with a lawyer is free so it never hurts.
Your total compensation is usually a percentage over your total medical costs. Injuries take a long time to play out so don't expect anything too soon unless you take the $7500 and run.
Oh, and be careful who you talk to and what you say in regards to your accident. Some comments, if recorded and retained, could foul your whole settlement, if any
I can give you a good lawyers number in Boston but regardless of what you choose to do you will need an attorney
If i were to dig up previous cases with similar injury and note their payouts, would i still need an attorney for presentation? I would prefer to not involve one, and have been told at some point that refusing the first sum will always lead to a higher offer. Does this route necessitate the assistance of legal representation, or can i do this on my own?
09 Ex500- totalled
08 SV650s!!!
Cages: Ford Excursion
Ford Mustang Gt
Toyota Rav4
Just get a lawyer, it'll be worth it even if they do take a percentage and the free consultation you can discuss all of that. I went through a similar situation with my father being hit on his motorcycle a few years ago.
Like I said they say, nothing stops a party barge.
97' Ducati 900SS - Sometimes runs
Im just concerned about the percentage ending with a loss.
if they get it up to 9000, and i get 6... then iv lost money and could have just taken the check.
09 Ex500- totalled
08 SV650s!!!
Cages: Ford Excursion
Ford Mustang Gt
Toyota Rav4
...why are you not in touch with a lawyer? thats just STUPID. Lawyers take 20% and will get you a significantly better return.
Attorneys take a 3rd and won't necessarily get you more than you can get on your own. Send pictures of the scar to the adjuster.
Adjuster has been and has photographs. Along with details regarding my injury and potential future problems associated. Every source i have spoken to says that getting involved with a law presence will cost me at least 33%.
The point is to find out where the current offer sits without the introduction of a lawyer so i know if losing 1/3 is worthwhile, (As previously stated).
If the 2/3 of the returned offer is not greater than the total gain of my current offer i wont even break even. Risk management 101.
09 Ex500- totalled
08 SV650s!!!
Cages: Ford Excursion
Ford Mustang Gt
Toyota Rav4
Get a lawyer. You will be looking at 5 to 7 times what they offered you and thats after fees. I had a similar accident in the past. It took a year and a half but I ended up with about 5 times what you are being offered now and thats after the 1/3 to the lawyer.
Bruce
2007 VFR800 25th Anniversary
2003 Honda RC51
Your first mistake was posting about in on a public forum.
Get a lawyer or take the offer and be done.
Without getting into details ...... I'm speaking from experience and not bashing you in any way. You're a linesman right? Your injuries could stop you from advancing or continuing your current work. Future earnings is key in determining compensation.
Me no likey crash
Comes in, asks for advice, was given sound advice but seems to know better than you. I wonder what this guy does when he has chest pains.
09 Ex500- totalled
08 SV650s!!!
Cages: Ford Excursion
Ford Mustang Gt
Toyota Rav4
Thanks for your reply. This is exactly what i was looking for.
I have two jobs, one of which is state survey one of which is centered around physical fitness and being in the gym twice a day. The second i have already had to take a significantly lesser role in. Thanks for pointing that out. I wasn't sure how significant that would be.
09 Ex500- totalled
08 SV650s!!!
Cages: Ford Excursion
Ford Mustang Gt
Toyota Rav4
Wirelessly posted (GS3)
What dollar amount would make YOU happy?
I'd start there as a counter offer.
If you're dead set on NOT getting a lawyer then do your homework. Like you said, find settlements for similar cases and use those as reference material as to why you think you deserve said dollar amount.
When I start my KTM in the morning, rules are broken. Its inevitable...
01 SV650S (RC51 eater)/07 690SM /03 300EXC/14 XTZ1200
TRACKS:Firebird/NHMS/VIR/Calabogie/California Speedway/NJMP/MMC/NYST/Palmer/Thompson/Club Motorsports
ive never had a physical injury claim ive had friends who have. Theyve always done better once lawyers get involved.
Berger and Hyde out of north andover call them or pm me...
LRRS EX 66
BostonMoto | Yoshimura | GoPro | K/N | Amsoil | Computrack | Vortex Sprockets |
EBC | Dunlop | Woodcraft | ArmourBodies | Fuel Clothing | Progrip | FmF Racing|
factoryeffex
as everyone stated I'd talk to a lawyer. Not necessarily hire a lawyer, just talk to one and find out if they think your case is worth their time. If they do chances are that 33% is a good chunk and they will get you a good settlement. If it was me I would figure out what the lifetime lost wages due to the injury were. So if you are going to be making 10% less for the next 20 years at (just a random number) $40,000/year then you are owed $80,000 for the lost wages injury. Then I'm sure it was pretty painful and traumatizing so pain and suffering should count there, no idea what that's worth, but a lawyer would know. Of course full pay for any lost wages while on medical leave as well. So I'd be looking at with a lawyer I have no idea, but maybe $100,000-$300,000?? I am out on vacation, but I can ask my neighbor when I get back he got a huge settlement($100,000's) from I think a work related back injury. But the point is with lawyer you could probably get a few hundred grand. Without you might get to have them up the offer to $10,000 by rejecting the $7,500.... My neighbor is also now disabled though so he can't work at all, and you returned to work after 2 weeks which also doesn't look as good for a claim for lost work wages... papers claiming you are on restricted duty at work and showing this will prevent you from getting raises or earning more money will help the case and the lawyer will tell you all the papers you need to prove your case. If you want a serious payout from the insurance company it will have to go to court because they will weigh the pros and cons of paying you and they will always look at the bottom line. If they think they can get away with paying less or if they think having their lawyers more invovled is cheaper than paying you a settlement they will do it. It's all numbers with insurance companies. So it's like playing the house in a casino. They will always offer you a deal that is in their favor and less than you deserve.
Just think personally about how much you would pay to have this have never happened to you. Thinking you could get a 0% loan and pay it off over your lifetime. That's about the number it's worth.
Last edited by Tunertype; 04-14-13 at 08:04 AM.
Lawyer Yes but patience too.
You won't get real money except for years like 6 , then they will make a serious offer on
the steps of the court house the day of your trial. This isn't so bad as if there are complications they
should show up by them. IF your declaring some disability then you will have to be disabled the whole time
2nd THERE policy might only be like 20 grand liability and they may have used that up already
SOME lawyers will be happier to get like 10 grand for a couple of letters rather than fight the whole fight
Or you can just ask them for 18 grand and start a real negotiation
The calculus of hate
It is not that I should win it is that you should lose
It is not that I succeed it is that you fail
It is not that I should live it is that you should die