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  • How to settle car accident personal injury claim without a lawyer

    My kid and I sustained whiplash-type injuries in a car accident 6
    months ago and the other driver's insurance has accepted liability.
    Medical and treatment bills are about $4000 and still ongoing my wage
    loss is $20,000.
    Does anyone have any tips on how to settle a personal injury claim on
    our own?
    Do I legally have to give the other insurance all the medical
    information immediately?
    How long should we wait until we settle?
    what are the pitfalls dealing with the claim adjuster on your own?
    How long after the settlement ended can we expect the money?
    Is there an easy formula to calculate how much will my settlement be?
    if you had settled on your own, any suggestions would be appreciated
    if we settle, do I settle separately or do I settle together with my
    kid?
    My kid seems to be OK but I am worry about his future prognosis.
    Should I wait till near the end of the statute of limitation and then
    settle her case


  • #2
    How to settle car accident personal injury claim without a lawyer

    person are more restricted by society's expectations than are those of
    the lightly socialized person. The majority of people engage in a
    significant amount of naughty behavior. They lie, they commit petty
    thefts, they break traffic laws, they goof off at work, they hate
    someone, they say spiteful things or they use some underhanded trick
    to get ahead of the other guy. The oversocialized person cannot do
    these things, or if he does do them he generates in himself a sense of
    shame and self-hatred. The oversocialized person cannot even
    experience, without guilt, thoughts or feelings that are contrary to
    the accepted morality; he cannot think "unclean" thoughts. And
    socialization is not just a matter of morality; we are socialized to
    confirm to many norms of behavior that do not fall under the heading
    of morality. Thus the oversocialized person is kept on a psychological
    leash and spends his life running on rails that society has laid down
    for him. In many oversocialized people this results in a sense of
    constraint and powerlessness that can be a severe hardship. We suggest
    that oversocialization is among the more serious cruelties that human
    beings inflict on one another.

    27. We argue that a very important and influential segment of the
    modern left is oversocialized and that their oversocialization is of
    great importance in determining the direction of modern leftism.
    Leftists of the oversocialized type tend to be intellectuals or
    members of the upper-middle class. Notice that university
    intellectuals (3) constitute the most highly socialized segment of our
    society and also the most left-wing segment.

    28. The leftist of the oversocialized type tries to get off his
    psychological leash and assert his


    Comment


    • #3
      How to settle car accident personal injury claim without a lawyer


      [email protected] wrote:
      My kid and I sustained whiplash-type injuries in a car accident 6 months ago and the other driver's insurance has accepted liability. Medical and treatment bills are about $4000 and still ongoing my
      wage
      loss is $20,000.
      You've been out of work for whiplash for 6 months? What is the formal
      diagnoses? Prognosis? What is your occupation? Treatment regimen?
      What type of doctor are you seeing?
      Does anyone have any tips on how to settle a personal injury claim on our own? Do I legally have to give the other insurance all the medical information immediately?
      You need to release all your medical information. That will include
      *prior* medical information, too - to make sure that you're not
      treating for something for which you already suffered,a dn to make sure
      that your treatment is consistent with the injury claimed, and that it
      is appropriate for the injury claimed.
      How long should we wait until we settle? what are the pitfalls dealing with the claim adjuster on your own? How long after the settlement ended can we expect the money? Is there an easy formula to calculate how much will my settlement be? if you had settled on your own, any suggestions would be appreciated if we settle, do I settle separately or do I settle together with my kid?
      You shouldn't settle until you're sure your injuries are either healed,
      or as improved as they're ever going to be. The only pitfalls to
      dealing with the adjuster on your own is that he/she will possibly use
      language you're not clear on, or that you don't understand. (And
      remember - anyone who tells you that you WILL get more with a lawyer?
      That lawyer is going to take 33% off the top of your settlement. So if
      the carrier decides to offer you (for example) $100,000, and someone
      says a lawyer can get you more - you'd have to get nearly $150,000 with
      an attorney in order to put you in the *same position* you were without
      an attorney. Take that into consideration.) The carrier will not make
      the first offer - they will wait for you to make a demand. General
      area is 2-3x medical + out of pocket expenses. 6 months out of work
      for whiplash is going to require a LOT of documentation about why you
      could do no work - and if you're making a claim that there are things
      you cannot do, the carrier will likely surveille you to see if you're
      doing things you say you can't, or if you're doing things that you
      would normally do in the scope of your career that you say you are
      prevented from going back to.
      My kid seems to be OK but I am worry about his future prognosis. Should I wait till near the end of the statute of limitation and then settle her case
      You don't say how old the child is (and I'm confused if it's a boy or a
      girl, you use both pronouns here). If your child is under 18, the
      statute of limitations is generally age of majority + X (statute). IE
      - in NJ, the statute for Bodily Injury is 2 years, so if a 12 year old
      is in an accident in NJ today, the statute of limitations for that
      child will generally not expire until 2012 (barring early emancipation,
      etc.) Any settlement for a child under the age of majority will
      usually require the involvement of a judge to approve the settlement.

      Talk to the adjuster - he/she will be able to give you more advice
      about what they'd need in order to settle a claim for a minor.
      Good luck!

      Comment


      • #4
        How to settle car accident personal injury claim without a lawyer

        [email protected] wrote:
        My kid and I sustained whiplash-type injuries in a car accident 6 months ago and the other driver's insurance has accepted liability. Medical and treatment bills are about $4000 and still ongoing my wage loss is $20,000. Does anyone have any tips on how to settle a personal injury claim on our own?
        Why are you bothering when there are pro's who do this for a living?
        Many will consult with you for free to give you an idea if it's cost
        effective for you.

        If you wish to go alone, and the other side smells you are a naif, you
        lose your hammer which is going to court. Your post indicates to me that
        you'd be lost filing in a District court which is where you'd need to be.
        Do I legally have to give the other insurance all the medical information immediately?
        Nothing to lose. Either you produce it now or later. This is NOT Law and
        Order where you pull a fast piece of evidence out at the last minute and
        overwhelm the other side. You need to make your claim and for that you
        need to document actual damages.
        How long should we wait until we settle?
        Why wait at all? The defense is benefitted from delay, not the
        plaintiff. If there is a fair offer on the table, why not take it?
        what are the pitfalls dealing with the claim adjuster on your own?
        He is a pro and you aren't. What is the usual and customary award for
        your injuries in your area? What is the value of your experts who will
        testify to your damages? The adjuster knows as does a local PI attorney.
        You don't.
        How long after the settlement ended can we expect the money?
        You can make payment time part of the settlement. I've seen payment on
        the same day.
        Is there an easy formula to calculate how much will my settlement be?
        No. Usually it's actual plus Pain & Suffering with maybe punitive too.
        Sometimes an insurance will deny what you think of as actual damages if
        the treatment is excessive such as if you went to a chiropractic mill.
        Also if you malingered to up your damages the insurance will fight. I
        recently had a case where actual documented damages exceeded $20k, but
        the settlement was under $6k because the documentation was from such a
        mill and the juries aren't buying that junk any more.
        if you had settled on your own, any suggestions would be appreciated if we settle, do I settle separately or do I settle together with my kid?
        It makes no difference. The value will be calculated separately in
        either case.
        My kid seems to be OK but I am worry about his future prognosis. Should I wait till near the end of the statute of limitation and then settle her case
        Medical question - not legal.

        -paul
        ianal

        Comment


        • #5
          How to settle car accident personal injury claim without a lawyer


          <[email protected]> wrote in message
          news:[email protected]
          (And remember - anyone who tells you that you WILL get more with a lawyer? That lawyer is going to take 33% off the top of your settlement. So if the carrier decides to offer you (for example) $100,000, and someone says a lawyer can get you more - you'd have to get nearly $150,000 with an attorney in order to put you in the *same position* you were without an attorney. Take that into consideration.)
          Also take into consideration that, with an attorney, the carrier is far more
          likely to take you seriously and be willing to settle quickly. A faster
          settlement means you start getting better medical treatment and the bills
          get paid.

          Comment


          • #6
            personal injury from car accident question:

            Originally posted by Guest View Post
            My kid and I sustained whiplash-type injuries in a car accident 6
            months ago and the other driver's insurance has accepted liability.
            Medical and treatment bills are about $4000 and still ongoing my wage
            loss is $20,000.
            Does anyone have any tips on how to settle a personal injury claim on
            our own?
            Do I legally have to give the other insurance all the medical
            information immediately?
            How long should we wait until we settle?
            what are the pitfalls dealing with the claim adjuster on your own?
            How long after the settlement ended can we expect the money?
            Is there an easy formula to calculate how much will my settlement be?
            if you had settled on your own, any suggestions would be appreciated
            if we settle, do I settle separately or do I settle together with my
            kid?
            My kid seems to be OK but I am worry about his future prognosis.
            Should I wait till near the end of the statute of limitation and then
            settle her case
            Did you ever end up settling for your personal injury claim? I was just in a car accident in bakersfield and I'm wondering if I should settle or get a lawyer and have no idea about the process. I noticed a car accident lawyer bakersfield but I'm wondering what you suggest and how your process went.
            Thanks
            Last edited by cbg; 02-13-2012, 12:29 PM.

            Comment


            • #7
              And I noticed that you were spamming.

              I removed your spam link on the off chance that this is a legitimate question but any more spam and your account will be closed.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Originally posted by ariela View Post
                Did you ever end up settling for your personal injury claim? I was just in a car accident in bakersfield and I'm wondering if I should settle or get a lawyer and have no idea about the process. I noticed a car accident lawyer bakersfield but I'm wondering what you suggest and how your process went.
                Thanks
                Since the original thread was started in 2004, you might not get a reply.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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