Insurance adjusters/claim

Gainaddict

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Had an accident 6 months ago and have a permanent injury, bulging disc in my lunbar. Caused me to loose my job and I won't ever be able to do any manual labor again or rock climb, hike, drive very far and things like that. Anything that involves my hips and lower back basically. Had 5k in medical bills too. What happened was this guy dropped his load on the highway in front of me and caused me to meet it head on at 55mph.
So after nearly 7 months these guys shoot me a final settlement offer of medical bills, 500 for lost wages (a joke because I made that in 3 days) and 2500 for pain and suffering.
Can someone tell me realistically what I should be seeking, I mean this is life altering in my work and personal life. The insurance company agreed and accepted all this and then threw these crap numbers at me.
 
MrKleen73

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Had an accident 6 months ago and have a permanent injury, bulging disc in my lunbar. Caused me to loose my job and I won't ever be able to do any manual labor again or rock climb, hike, drive very far and things like that. Anything that involves my hips and lower back basically. Had 5k in medical bills too. What happened was this guy dropped his load on the highway in front of me and caused me to meet it head on at 55mph.
So after nearly 7 months these guys shoot me a final settlement offer of medical bills, 500 for lost wages (a joke because I made that in 3 days) and 2500 for pain and suffering.
Can someone tell me realistically what I should be seeking, I mean this is life altering in my work and personal life. The insurance company agreed and accepted all this and then threw these crap numbers at me.
You need a personal injury attorney. You are going to leave SO MUCH on the table if you don't. In general your pain & suffering should be about 3 times what your losses are valuated at. If you don't have an attorney go get one they will get you MUCH more and will take their portion from whatever you win.
 
cubsfan815

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Hupy and Abraham love cases like these.

Sorry to hear that you were hurt so bad. I was rear-ended, no hospital visit. 30 chiropractic treatments, and was paid out $7500 with no lawyer. You can do way better, and you should.
 
Woody

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I clerk for a PI attorney right now and did last summer too. Insurance companies will give you zero if you'll go away. It'll probably take 2-3 years, but given your description of everything, you can get way more. The attorneys I work for probably wouldn't even start negotiations at under a million

Where are you located?
 
Gainaddict

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I clerk for a PI attorney right now and did last summer too. Insurance companies will give you zero if you'll go away. It'll probably take 2-3 years, but given your description of everything, you can get way more. The attorneys I work for probably wouldn't even start negotiations at under a million

Where are you located?
Arkansas, now back home with my mom in Missouri since I couldn't afford even 400 dollar rent
 
Gainaddict

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Hupy and Abraham love cases like these.

Sorry to hear that you were hurt so bad. I was rear-ended, no hospital visit. 30 chiropractic treatments, and was paid out $7500 with no lawyer. You can do way better, and you should.
I didn't even want to fully go into ALL the BS over the last 6.5 months I've had to deal with. I just want to at least have confidence that it will get properly resolved. I have to sell my nice Tacoma because I can't even drive it around without it killing my back. Can't sleep at night because I can't lay down comfortably, tired all the frigging time, the meds I sometimes depend on wreck my stomach. Just sucks all around and all because of a dumb lost load.
 
Woody

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I didn't even want to fully go into ALL the BS over the last 6.5 months I've had to deal with. I just want to at least have confidence that it will get properly resolved. I have to sell my nice Tacoma because I can't even drive it around without it killing my back. Can't sleep at night because I can't lay down comfortably, tired all the frigging time, the meds I sometimes depend on wreck my stomach. Just sucks all around and all because of a dumb lost load.
7 insurance companies have settled for multi billions to pay owed life insurance policies to people unaware they were beneficiaries. The insurance companies knew about them, but didn't pay them unless they came forward. Insurance companies will do everything they can to help themselves over you. Get a lawyer. The best you can find. They work on contingency fees. You won't pay a penny.

Look for national trial lawyers, Arkansas trial lawyers, Arkansas top 40 under 40, etc. I'm not sure about Arkansas law, but Texas is one of the least plaintiff and tort friendly jurisdictions and your case has a lot of potential.

Don't settle - get an attorney. Statute of limitations is generally 2 years, sometimes more or less. Err on the side of caution IMO and assume it's one year and get started finding an attorney.


Edit: http://www.cbsnews.com/news/60-minutes-life-insurance-investigation-lesley-stahl/
 
B5150

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Had an accident 6 months ago and have a permanent injury, bulging disc in my lunbar. Caused me to loose my job and I won't ever be able to do any manual labor again or rock climb, hike, drive very far and things like that. Anything that involves my hips and lower back basically. Had 5k in medical bills too. What happened was this guy dropped his load on the highway in front of me and caused me to meet it head on at 55mph.
So after nearly 7 months these guys shoot me a final settlement offer of medical bills, 500 for lost wages (a joke because I made that in 3 days) and 2500 for pain and suffering.
Can someone tell me realistically what I should be seeking, I mean this is life altering in my work and personal life. The insurance company agreed and accepted all this and then threw these crap numbers at me.
Law suite aside I would encourage you to consider that spinal injury repair and treatment has come a very very long way. A bulging lumbar disc should not be so insurmountable an injury to repair surgically and/or treat therapeutically.

As mentioned above, a very good injury lawyer will get you well and paid. They'll get you a doctor for proper treatment and this will inherently increase the liability and the future compensation/settlement amount. I believe most states allow you at least 2 years before the window to sue closes. Do NOT settle! Get a lawyer. Good luck!
 
Gainaddict

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Yeah for sure not taking that, it's a joke and wasted my time these last few weeks.
 
Gainaddict

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I went to physical therapy, urgent care and the hospital, had x-rays done and an MRI (which is what shows the damaged disc).
Physical therapist worked with me over the course of 6 sessions to get me aligned and to a point where I could do daily stuff to stay in an OK place pain wise with my back. He wrote down all that was wrong with my back and with him and my MRI it proves the damage done.

My bills are drowning me right now with not having any income, I'm about sunk because of this.

I'll probably have to use an attorney that's just how things will be BUT I spoke with them today and they said if I could give them a figure they would take a look at it.

So... what kind of figure do I shoot at them? 20k? 50k? 100k? I don't even know what to shoot at them. Odds are they won't even go for whatever I send them but it's worth a try I guess.

I use to rock climb, backpack and hike, do survey work, was training to compete in bodybuilding, use to power lift, I hunt year round non stop. I can't do any of those things anymore. Hunting I can only sit and can only sit a few hours before I have to cave in to the discomfort. I can do a little bit of indoor rock climbing on easy routes but nothing that's even fun or worth it.
 
Woody

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Ask for a copy of the insurance policy and/or want to know what the policy covers.

They will probably tell you "we can't give you that information it's a violation of [some random bull****]". Was it an 18 wheeler? Like for a company that does interstate deliveries? I believe policy minimum for federal carriers is $1M. If you can't work for the rest of your life, you have to figure out your living expenses, your medical expenses, etc.
 
Gainaddict

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Ask for a copy of the insurance policy and/or want to know what the policy covers.

They will probably tell you "we can't give you that information it's a violation of [some random bull****]". Was it an 18 wheeler? Like for a company that does interstate deliveries? I believe policy minimum for federal carriers is $1M. If you can't work for the rest of your life, you have to figure out your living expenses, your medical expenses, etc.
It was some people hauling hay for a farmer and they didn't strap the 2.5k lb hay bails down worth a crap.
 
Woody

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It was some people hauling hay for a farmer and they didn't strap the 2.5k lb hay bails down worth a crap.
Well that adds a lawyer of complexity as well. The person hauling likely has insurance but if he was hauling using his GMC truck, he's not likely to have much insurance. Depending on your state law, the farmer could be liable if the driver is the farmers employee. That gives you another means of funds to go after.

Personally, I wouldn't settle without an attorney and/or knowing the policy limit.
 
Gainaddict

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Well that adds a lawyer of complexity as well. The person hauling likely has insurance but if he was hauling using his GMC truck, he's not likely to have much insurance. Depending on your state law, the farmer could be liable if the driver is the farmers employee. That gives you another means of funds to go after.

Personally, I wouldn't settle without an attorney and/or knowing the policy limit.
Ok, thank you. I didn't know that, this is all very helpful.
 

youngandfree

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It's not a matter of "should I get an attorney" any more. A personal injury attorney takes their cut when case is settled or pays out. Don't sweat it. Find the biggest one, probably with the most tv ads in your area. Get a couple free consults from different ones. They shouldn't take more than a third, which is what ours took after my wife got rear ended.
 
Woody

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It's not a matter of "should I get an attorney" any more. A personal injury attorney takes their cut when case is settled or pays out. Don't sweat it. Find the biggest one, probably with the most tv ads in your area. Get a couple free consults from different ones. They shouldn't take more than a third, which is what ours took after my wife got rear ended.
From my experience... Catchy TV ads with catchy slogans like "The Hammer" generally are the worst attorneys. They often settle and don't pay a lot of attention to your case. They'll fight bellweather cases but not good or normal cases.
 
Gainaddict

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I talked with people who referred me to the same guy, I spoke with him today and he seems highly knowledgeable and very caring. A few months ago I looked around and talked with about 15 people/teams and this guy today stood out because he didn't have that cocky lawyer thing going on
 
Aleksandar37

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From my experience... Catchy TV ads with catchy slogans like "The Hammer" generally are the worst attorneys. They often settle and don't pay a lot of attention to your case. They'll fight bellweather cases but not good or normal cases.
Are you in Texas or are there personal injury attorneys called "The Hammer" in every state now?
 
Gainaddict

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Attorney said today he thinks my case may be small for him to take on. I didn't think my case was that small.
 
Aleksandar37

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Attorney said today he thinks my case may be small for him to take on. I didn't think my case was that small.
They may get so much business that they've had to get picky. Did they have a suggestion for another attorney to refer you to?
 
Gainaddict

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They may get so much business that they've had to get picky. Did they have a suggestion for another attorney to refer you to?
No. I think Monday I'll tell the adjuster $60xxx and I'll be happy. If they go for it I'm happy with it and if they don't I guess I'll have to go through the whole law suite thing.
 
Aleksandar37

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No. I think Monday I'll tell the adjuster $60xxx and I'll be happy. If they go for it I'm happy with it and if they don't I guess I'll have to go through the whole law suite thing.
Seems fair. Good luck!
 
Gainaddict

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I feel that's not excessive but is appropriate, is that how you guys feel? Woody
 
Aleksandar37

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well if 60 is what you really think is fair, you might want to start out a little higher since they may come back with a counteroffer
 
Woody

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I feel that's not excessive but is appropriate, is that how you guys feel? Woody
If you can no longer do manual labor and/or the work you were doing before then $80k seems like too little to me. 80k for the rest of your life doesn't seem fair
 
Aleksandar37

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I'm just guessing and not an attorney. I know it's an extra pain and you might feel like you're just making the attorney rich, but I would at least consult with a few others. It would be a shame to settle for a figure way lower than you are entitled to.
 
jimbuick

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I don't have a whole lot of experience with all of the lawyer ****.


But what I would like to know, is how a bulged lumbar disc is bad enough to make it where you can't work for the rest of your life.



I herniated my L5 in 2014 and was able to rehab it back by myself (didn't see anything other than my chiro, who is a great knowledgeable guy) and was mostly pain free within 6 months.


Now I'm competing again (powerlifting), have been working in warehousing since 2015, and usually don't even have any discomfort at all.
 
Woody

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I don't have a whole lot of experience with all of the lawyer ****.


But what I would like to know, is how a bulged lumbar disc is bad enough to make it where you can't work for the rest of your life.



I herniated my L5 in 2014 and was able to rehab it back by myself (didn't seek anything other than my chiro, who is a great knowledgeable guy) and was mostly pain free within 6 months.


Now I'm competing again (powerlifting), have been working in warehousing since 2015, and usually don't even have any discomfort at all.
Mine required surgery. I couldn't sit in a chair without severe sciatic pain within 10 minutes. I couldn't imagine doing manual labor pre surgery
 
jimbuick

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Mine required surgery. I couldn't sit in a chair without severe sciatic pain within 10 minutes. I couldn't imagine doing manual labor pre surgery
How many mm was the herniation?


Mine was 6mm (off to the right, impinging L5 and S1 nerve roots) and I was at work two days after. At that time, I was doing security work so it was a great deal of walking, but wasn't physically strenuous. My wife had to dress me for work, because I couldn't bend at all to put pants/underwear/socks/etc on, but I was fine as long as I stayed moving.


Surgery was recommended but the ortho office called me 1 day before my consult to inform me that they couldn't get in contact with my PCP and would have to cancel the appt.


So I just said **** it and handled it myself.
 
Jiigzz

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I don't have a whole lot of experience with all of the lawyer ****.


But what I would like to know, is how a bulged lumbar disc is bad enough to make it where you can't work for the rest of your life.



I herniated my L5 in 2014 and was able to rehab it back by myself (didn't see anything other than my chiro, who is a great knowledgeable guy) and was mostly pain free within 6 months.


Now I'm competing again (powerlifting), have been working in warehousing since 2015, and usually don't even have any discomfort at all.
This. A herniated disc shouldnt be career ending if treated right and there are no other complications.

You should be able to get back to work after dealing with it
 

youngandfree

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If you think you'll be happy with 60k, you better start north of 80. My wife had a settlement demand that started at 25. The insurance started at 4k. After months and months, and having a new attorney take over, and switching the court we were going to file in, the insurance came back at 12k. My wife was tired of dealing with it, and she was fine, no lasting damage. We took it. After attorney got his 1/3, and payed a final chiropractic bill, we took home about 7k. You just need to find another attorney to consult with. Just because 1 doesn't want your case doesn't mean anything.
 
Gainaddict

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My sciatic pain is not horrible if I haven't done anything in a long time and I do my gay stretching twice a day and take my meds and do the tens therapy but if I do anything that rotates my hips or involves me moving any amount of weight away from my body it really gets horrible to the point I drag my right foot and my foot is in a bunch of pain when I try to move it outwards like driving or things like that. Driving irritates it too but it's a dull constant pain days after rather than sharp pain from lifting things. I've already enrolled in classes so that I can get an office job with my family business. Hopefully things work out with that.
 
Gainaddict

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They have the minimum policy amount, max I can get without a lawsuit is 25k
 
MrKleen73

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Sounds like you need an attorney then. You may have went to someone who only does million dollar cases. Trust me there are plenty out there who will take a case for 10,000 because 40% of that is still 4000 and is easy for them to negotiate so not time consuming.
 
Jiigzz

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My sciatic pain is not horrible if I haven't done anything in a long time and I do my gay stretching twice a day and take my meds and do the tens therapy but if I do anything that rotates my hips or involves me moving any amount of weight away from my body it really gets horrible to the point I drag my right foot and my foot is in a bunch of pain when I try to move it outwards like driving or things like that. Driving irritates it too but it's a dull constant pain days after rather than sharp pain from lifting things. I've already enrolled in classes so that I can get an office job with my family business. Hopefully things work out with that.
Definitely hope that it comes right for your sake - I've worked with people who have had herniated discs and like you, it has forced them out of the field for a lot of things. Many returned to it after a break (sometimes pretty quickly if they started rehab ASAP and really forced progressions), but those who didn't often couldn't. It might seem like a pain but do your rehab. I had one client who we estimated would take 6 months to fully recover after a car accident, recover enough after 3 months to return to work.
 
MrKleen73

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Definitely hope that it comes right for your sake - I've worked with people who have had herniated discs and like you, it has forced them out of the field for a lot of things. Many returned to it after a break (sometimes pretty quickly if they started rehab ASAP and really forced progressions), but those who didn't often couldn't. It might seem like a pain but do your rehab. I had one client who we estimated would take 6 months to fully recover after a car accident, recover enough after 3 months to return to work.
Yes with therapy it is often he who is willing to take the most pain to recover progresses the fastest.
 
Gainaddict

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They offered me 5k for lost wages and pain and suffering as well as the 5k medical bills. They said this is way high for them and they normally never offer this much. They said even with 60k of medical bills they only offer 1 for pain and suffering
 
Woody

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They offered me 5k for lost wages and pain and suffering as well as the 5k medical bills. They said this is way high for them and they normally never offer this much. They said even with 60k of medical bills they only offer 1 for pain and suffering
I'm not saying you're case is worth more, but they have nothing to lose and everything to gain by lowballing you and making you think your claim is worthless. I've worked on cases where there was literally a red light camera recording an 18 wheeler running a redlight and a police officer who witnessed the entire thing and caught it on his dash cam and the insurance company offered next to nothing.
 
Woody

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It's like everything else in life. You buy low and sell high.
 
MrKleen73

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That is what THEY offer standard sure.

However the standard an attorney can get you is about 3 times the medical for pain and suffering.That is pretty standard stuff, at least here in Texas. If you take anything the insurance is offering you make sure to take your own vaseline up to the office to get your check. They won't even give you a reach around or lube before they give it to you.

What you need to tell them is that you are not done getting treatment and will just go get an attorney who can help get you the treatment you actually need while you are recovering. You need therapy until you can get back to work. As soon as you get an attorney they are going to send you to a Doctor that is in their back pocket. He will diagnose the crap out of you and say everything is worse than it is and he will work on contingency for the attorney because the attorney feeds him patients nonstop. That way you aren't stuck with the big bill if you don't get a big settlement, it is all taken care of through the Doctor / Attorney relationship.

It is a racket but they will run those bills up and force the pain and suffering.

My ex Father in law was a well respected PI Attorney here in Houston which is why I know these things.
 
MrKleen73

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May I ask who? PM if need be
His name was Peter Steinmann, but I just read that he passed away a couple years ago. Not a personal loss so no need for concern. It appears his office is still open under his name. His wife must have gotten the ownership in the will and kept it open to keep the partnership royalties coming in.
 
Gainaddict

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If I accept the settlement can I still sue the individuals If need be?
 
Gainaddict

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OK so if this is just how it is and how life is then I can cow boy up and take it but if you all think I'm getting F worded then I'll get some people to fight for me.
Next question if I do sue how long does that take? 3 months? A year? 2 years?
 
MrKleen73

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OK so if this is just how it is and how life is then I can cow boy up and take it but if you all think I'm getting F worded then I'll get some people to fight for me.
Next question if I do sue how long does that take? 3 months? A year? 2 years?
Just depends, the attorney will be a big part in how that plays out. If it is a huge case with a lot of money longer. The smaller the case the shorter time they will spend on it. The insurance knows you are desperate and thinking screw it I will just take it I need money now! If your case is good your attorney will give you an advance to pay your bills bro. I wouldn't tell the attorney a number you are looking for. If they ask tell them you need as much as possible as your life and livelihood are being affected and you are here for him to tell you how much he thinks he might be able to get you. Tell him all of your woes and worries and let him work up what he thinks.

Don't settle man, if it is money issues then like I said if an attorney thinks you have a good case they will give you an advance on your settlement if need be.
 

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