Crash postpartum - pain and suffering

[Iansir]

Pals,
Thanks for your post crash advice in earlier thread. Things are moving in a positive direction. Car driver insurance seems helpful so far.

I was asked by the offending drivers insurance if I am going to claim pain and suffering? How do I quantify this? This crash messed me up pretty good. Do I need a lawyer?

Advice / thoughts / pal input appreciate

[Ken Robb]

I think you should consult a lawyer to see what he/she can do that you can't do for yourself. I wonder if you can get the insurer to make you an offer including pain and suffering. You don't want to settle too soon for too little before you know the extent of your injuries. OTOH a quick settlement without lengthy litigation can be worth quite a bit.

[BobO]

Sorry about your crash. Yes, consult a lawyer, not an ambulance chaser, a real lawyer.

[tuxbailey]

You definitely needed a lawyer. I think it is helpful even if you have already given a recorded statement to the driver's insurance (one shouldn't do that.)

Best wishes for a speedy recovery.

Edit: I asked the same question after my crash. There are a lot of good info in this thread:

https://forums.thepaceline.net/showthread.php?t=212280

[Iansir]

This forum is full of fantastic advice-pals

I will happily buy beers for anyone in Seattle involved in this forum

Thanks,

Ian

[oldpotatoe]

Pals,
Thanks for your post crash advice in earlier thread. Things are moving in a positive direction. Car driver insurance seems helpful so far.

I was asked by the offending drivers insurance if I am going to claim pain and suffering? How do I quantify this? This crash messed me up pretty good. Do I need a lawyer?

Advice / thoughts / pal input appreciate

YES, you do. The insurance company, regardless of how they sound over the phone, is all about saving money...period. PLUS DO NOT sign anything, an agreement of any kind before you talk to an attorney.

[velofinds]

Heal up! But I think you meant post-mortem, unless you recently gave birth :)

[djdj]

My suggestion: keep the discussion between you and your lawyer, not with a public forum.

[OtayBW]

My suggestion: keep the discussion between you and your lawyer, not with a public forum.
...Or your midwife!! :eek:

(...sorry - low hanging fruit....)

[SoCalSteve]

YES, you do. The insurance company, regardless of how they sound over the phone, is all about saving money...period. PLUS DO NOT sign anything, an agreement of any kind before you talk to an attorney.

Plus 1,000,000 on this. Best advice ( outside Campy advice ) from Old Spud ever.

[stackie]

Heal up! But I think you meant post-mortem, unless you recently gave birth :)

But, post-mortem would be after death. So, unless OP is writing from the other side...

But, good on you for noticing the "post partum". I thought the very same thing when I read it.

Post eventum is what we are looking for here.

Jon

[Iansir]

Title is correct, I feel like I had a baby

Thanks all for the input

[Mikej]

Not from personal experience but from a friend - your pain and suffering will be tied in with the amount of treatments you receive, friend went through dozens of chiro and pt visits which were paid out of a 10k settlement that took a year. Be aware that insurance doesn’t pay right away and your personal health insurance will most likely not pay since it is to blame on another party. Sorry for your crash, but I can’t say for sure what to do, just an example-he was “doored” btw. Going fast.

[EPOJoe]

Not from personal experience but from a friend - your pain and suffering will be tied in with the amount of treatments you receive, friend went through dozens of chiro and pt visits which were paid out of a 10k settlement that took a year.

This. When my brother was hit and the settlement came through, the final amount was determined partly by how many trips he took to physical therapy. Kind of funny, because he stopped PT earlier than recommended thinking it was a waste of time.

[Hilltopperny]

Absolutely consult a lawyer. Injuries sustained can last forever and change your life. Litigation can take years and likely will, but you should cover your bases and talk with a good lawyer asap.

[zzy]

I just went through this myself. Absolutely seek legal advice prior to making ANY statements to the driver's insurance. Everything you say can and will be used against you. They are not your friends and they are not there to help you - you are a liability to them and they are doing everything in their power to minimize the liability.

[Seramount]

in my state (TX), the amount for P / S is based on total medically-related costs (for my incident, this included EMS, doctor visits, surgical, Rx, chiro, massage, PT, lost time from work).

a typical award is 2-3x medical, but depending on the severity of injuries and whether there are permanent disabilities, the multiplier can be higher.

I've done negotiations with auto insurers both with and without a lawyer.

can't recommend getting legal representation strongly enough.

[dbnm]

It's been said but do not speak about it anymore here or anywhere else public and definitely get a lawyer.

[CaptStash]

I just sent you a PM with the name of a good personal injury attorney in Seattle who is very well versed in cycling. As noted above, talk to him, and not us. This is serious stuff.

Hope you heal up fast.

Saul aka CaptStash....