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whiplash, how much should i settle 4?
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whiplash, how much should i settle 4?

hi, was in accident 3 wks ago were the other driver drove straight out in front of me while i was going 50mph could not stop,my car is a ride off, since then i'v been experiencing terrible pain in my right shoulder and upper back that has kept me out of work, my brother was also a front seat passenger he has a fractored hand and sore back/neck, his insurance company are looking to settle out of court and are coming out to c us and to talk about settlement do u think it is a good idea to settle out of court and if how much should we ask 4..


Make sure it's enough to cover missed time off of work, medical bills, all car repairs and pain and suffering (which I've heard is three times the medical bills). If they offer a reasonable amount (they usually don't) settle. If they don't, you can try to negotiate...if they won't, get a lawyer.

Yikes! Do NOT talk with the insurance company. They are only coming out to trick you into saying you're OK, and feeling much better, and then lowball you. Believe me, these people are tricky. They are looking for stuff to use against you.

That sounds like a serious accident, and you don't even know the extent of your injuries yet. Let's say you take $2,000 today, and tomorrow you start feeling worse, or two months from now you're still experiencing terrible pain. You may need follow-up care, or even surgery.

your brother has a fractured hand. What if that doesn't get better?

I am a personal injury lawyer. NOTHING good can come out of this meeting. Even though you're telling the adjuster about your pain, they will be looking around to see what kind of people you are. You'd be surprised what they will trick you into saying--on tape.

Cancel the appointment NOW, or AT LEAST put it off until you speak to a decent personal injury lawyer. I would never let any client of mine talk to an insurance adjuster, much less allow them to meet an insurance adjuster in her home.

Pagan Dan
Get legal advice. The other driver's insurance company would love to settle out of court. They can save a lot of money by apealling to people's greed.

Do not be tempted by the fast buck. Do not be in a hurry to settle. The long-term damage from the accident has to be assessed, and it is too soon to do that.

I have no idea how much you should settle for. Look at the following questions.

1. How much pain and suffering are you currently sustaining, and how much are you likely to sustain in the future--including the rest of your life?

2. Have you lost time from work? Do you get paid sick time? If so, your employer is entitled to a subrogation claim against the other driver's insurance.

3. Are you now, and will you in the future, be unable to do leisure activities that you used to enjoy?

4. What is the impact of the accident on your long-term prospects to earn a living at the job you want? For example, the settlement should be higher if you work at a physical job than if you work at a desk.


I wouldn't get a lawyer... you'd be surprise to see how much they yank out of your settlement. There's usually a range that they start from low to high. They would need valid reason, "I can't go to this event because of my pain," I can't do xyz activity because of my pain, etc to change those ranges not just "because I want more." It's also depending on how hard you were hit (damages that can justify injuries), how much med bills you have, how much is predicted that will occur. And usually every state/city/offices have a list of rates that are usually charged for around that area.
Lawyers drag and drag your case, especially if you get a crappy lawyer that will let your case sit and sit.

Well, not knowing what a "ride off" is, I'd settle for medical bills plus 15%, witht a deduction for bad spelling. If you were going 50mph, what was the limit? If you were speeding that will reduce your settlement.

Have you asked your insurance agent for guidelines and opinions? If not, do so before you sit down with the other insurance company.

Also see your doctor to get your diagnosis and prognosis of your injuries. How much more treatment will you need at what cost, or are you now well?

Definitely get your medical bills and time off work covered. And of course the market value of your vehicle at the time of loss. As to "pain and suffering" there is no formula for that, so ignore anyone who starts talking about "3 times your medical expenses" because they don't have a clue if they say that. Again, your agent is your best source of information in this case, and has the resources to tell you what would be considered proper.

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