How much settlement am I entitled to?

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In late July I was hit on my bicycle by an 86 YO man in a mini van. W both had green, but he failed to yield and was cited for it by the local PD, and his major insurance company called me a few days later to tell me that they will pay for my expenses, plus a settlement of some sort, after the bills stop coming in. I broke my ankle, got a dozen stitches in my back, road rash and bruises. They did same day surgery to insert a metal screw into my ankle to hold it in place.

I was in a LOT of pain the first 2 weeks or so but I'm starting to heal up. I can't put any weight on my ankle until 3-4 weeks from now. MD said I have soft bones and that it may take months for ankle to fully heal.

About how much do you think would be fair that I receive? I'm hoping I will not have to resort to legal help, but I don't want to be short changed either. Their client turned my life upside down, at least for a while. I've had to hire help to come here and help me with daily chores, although I'm starting to get around a little bit better.
 
You need to consult a lawyer. Looks like he can get big money and share some of it with you.
 
The other party's insurance company is going to push you to settle quickly, that should start soon, watch for it.

Don't do it, you need time to see exactly how badly you were injured and how long it will take you to FULLY recover. I wouldn't even consider doing anything for at least one year.

If you think you need an attorney, interview several of them, don't just sign with the first one.

Good luck~
 
Man, I'm really sorry to hear about the crash. I was hit head-on by a women who should have given up her license about 10 years before she hit me--but I was incredibly fortunate that my bike took almost all of the impact. I flew over the hood and was almost unscratched...

A general guideline is that general damages should equal 3X all of your specific damages (medical bills, bike, in-home help, basically all of the expenses you've incurred). If you hire a lawyer, they'll generally take 30% of your general damages (none of the specific damages). So, if you total up all of your expenses, you could ask for a little less (like 2-2.5%), and if they balk, get a lawyer. Getting a lawyer in this sort of situation isn't necessarily the worst thing--generally those I know who haven't have regretted it.

In my case, I wasn't really hurt--I just had them replace my broken stuff. I did, however, tell the daughter of the driver that I was going to pursue legal action if her mom didn't give up her license (which she did--turned out it was her 3rd accident in 6 months!?!).

One last thing: document EVERYTHING (time and date), including all your trips to the doc, take pictures of your bike/clothing your were wearing, etc. Take pictures of the scene, get a copy of the police report (it may not be admissible as court evidence, but will be important to the settlement).

Good luck!
 
I'll agree with the others who have advised you to seek legal counsel. The insurance company doesn't care one bit about your situation, only mitigating their loss. You absolutely need a lawyer to guide you through this. I generally loathe lawsuits, but in this case you need a lawyer to counter the army of lawyers the insurance company has.

Sadly, you will probably never be the same. You might heal up OK for the short term, but don't be surprised if you have problems down the road. I shattered my collar bone on a mountain bike when I was in my mid 20's. It healed up well, or so I thought. 10 years later, it started to display arthritic sypmtoms and gets a little worse each year. I can live with it, but is does reduce my quality of life at times. I can't tell you how much your injury is "worth" but you can bet that whatever you get will not compensate you for having a screw in your leg.
 
^ What they said. GET AN ATTORNEY. Many will give a free consultation. You are not hiring a maid; you don't want meek, you want pit bull.
 
Agree enormously with what folks have said: GET AN ATTORNEY.

I was hit by a motorist on my bicycle and wound up dealing with his insurance company's head adjuster - apparently insurance companies really hate their insureds hitting cyclists so they put their head honchos on these cases. I wouldn't have been anywhere near adequately prepared to deal with the process had I not consulted a friend of the family who is an attorney.

Document, document, document EVERYTHING.

Also consider your state's injury settlement deadlines. In Georgia you had 2 years after the incident to settle. Take your time and don't rush the healing process - make sure you're fully healed & whole before you decide to settle if you're not in danger of letting the time limit expire.
 
I have had ankle surgery about 10 years ago and the ankle has never felt the same. I have full range of motion and strength but it gets sore everytime it rains or storms. I also get stiffness in the morning and in the winter. Now that i have hit about 10 years, i feel my ankle loosening up and not in a good way.

That said, make sure you take the time and get a good physical therapist and rehab the ankle so you do not end up messing up your knee, hip, or other leg while healing. Balance is going to be the main thing you need to work on.

And as other have said, hire a lawyer.
 
Insurance company man says they're getting my medical bills now, and will attempt to settle when the bills stop coming in. I will definitely not be in any hurry to sign off with them. This may take me 3-6 months or more to heal. It's not going to be just take the boot off and then go play football like I'm brand new all over again.

How will I know how much my medical bills are? I should get 2-3x the amount of the medical bills?

A man I know thinks I should go to some free legal aid place, but I have a feeling a real lawyer might be a better idea. I don't want to send some novice in to bat for me, but it would be better than nothing.
 
This has by far been the scariest, most depressing time of my life. I still have a LOT of swelling in my leg and a bruise that's taking a very long time to heal and is draining fluid. Progress seems slow at this point, but it does seem to be happening, gradually. I'm on crutches and on one leg, using the injured leg to help balance only.

I picked a 1/2" piece of windshield out of my arm when I got home from hospital that day. I have wounds on my arm that look like they'll take quite a while to heal, if they ever heal completely or not.

I was VERY lucky too. My head took out that man's windshield. I never lost consciousness. It's a wonder I wasn't killed on the spot.
 
Why do you sound so reluctant to consult with a real personal injury lawyer? The lawyers the insurance company has aren't from Legal Aid, you know.

Don't play games with this. Your injury sounds pretty significant. Make sure you do what is necessary to protect your interests.
 
Originally Posted By: pottymouth
Why do you sound so reluctant to consult with a real personal injury lawyer? The lawyers the insurance company has aren't from Legal Aid, you know.

Don't play games with this. Your injury sounds pretty significant. Make sure you do what is necessary to protect your interests.

+1 Sounds like you're in rough shape, do some research on getting a good personal injury lawyer and let them worry about getting compensation for your injuries.
 
Scoot,

I was involved in a bad accident back in Oct 98 just a couple blocks from my home when I was heading to a brand new job I was starting that day on my motorcycle.

A lady in an Acura Integra, who was both late for work, and late dropping off her young son to elementary school just up the road blew a stop sign and I t-boned her while I was doing about 25 mph. I broke my left hip on the femur neck, and was nearly killed from the internal bleeding, but I had no other injuries to speak of.

The results of my accident were that I got a bad lawyer, and wound up in horrible financial shape really quickly, and after all my bills were paid out of my $68k settlement from the ins company about a year and a half after the accident, I was written a check for about $20k. That money then went to clean up the financial mess I was in because of the accident.

If you decide to get a lawyer, try and find a really good lawyer. Go search on bicycle forums for your area,and see if they have anyone to recommend from previous experience. Go to motorcycle forums, and look for the same.

If for some reason you decide to try this on your own, here's my recommendations:

Keep a journal of the pain you feel.
Buy a diary for this, and update it as many times as you need per day, and write down how much pain medication you take each time you take it; how much sleep you loose during the day or night; write down if you missed work, and how much you are out for that day's work; and write down how depressed/unhappy you are because you can't do xxxxx today (nice day, wanted to ride your bike, or nice day, wanted to jump rope, etc).

You will need this to prove pain and suffering.

You are entitled to all your bills, lost wages, and expenses you incur due to not being able to do something yourself. If you normally wash your car every Saturday, but have to take it to a car wash because you can't reach the roof, you get this money back, if you write it down, and keep the receipts.

For pain and suffering, best practice is to take all your bills, lost wages, and expenses, then multiply that number by 3 or 4. Honestly, if you keep a great journal, I would start at 5.

If you can predict weather changes with your ankle, MAKE SURE YOU DOCUMENT THIS. Trust me on this, weather prediction ability sucks, tears away at your mind days in advance, and once you point this out, and can prove it with your journal, you are getting more pain and suffering, and can probably get more than the 5 times, in my experiences helping friends who have had accidents after I had mine.

I have yet to have a friend who had a motorcycle accident after I had mine get less money than I did for pain and suffering if they followed my advice, even if their accident wasn't near the same level as mine was, and let me help them. I got taken advantage of. You shouldn't let the same happen to you.

Oh, and if you can get your doctor to put it in writing that you have an above 50% chance of needing a surgery in the next 10 years, get a price quote how much that would cost in today's dollars, add 10%, add that amount to your expenses, and put it in a savings account, and don't touch it. I wish I had done this, as I would have had the money I needed for my full hip replacement back in March '09.

Good luck, and heal up quick.

BC.
 
Sorry to hear of all of your accidents.

Thanks a lot for all of your replies. My spirits seem better today.

I will write in the journal every day for sure.

Drive safely.
 
You are lucky to have been involved in pre tort reform America.

The tort reform that so many on this board want has been implemented in Oz, and it's a disaster for the victims of accidents.

They will take legal action to close a case after 18 months (workmate was forced to close the case on his 5yo son nearly crushed to death by a reversing pensioner at a fair...he argued that since the kid was so far from puberty that any problems wouldn't show up until he developed...they argues that he could do normal 6yo stuff, and won).

They will query damage to goods. Another bloke T-Boned on his motorbike at a roundabout was denied coverage for his kevlar jeans, as he "authorised" the Ambulance drivers to cut them off his crushed leg.

There is no "compensation" unless there is at least 15% (soon to be 25% due to pressure from the insureres) total and permanent disability. Lose an eye, tough.

Loss of earnings means that you claim sick leave from your employer while being treated, and they reimburse the employer. If you are a casual worker, they will argue that you have no regular income.
 
Great idea to get an attorney. The insurance Co man acts as if he'd write me off for $5000 if he could. He acts like I'm an obstacle he's out to discredit or write off any way he can. I don't think I'd do well at all with him, without an attorney. I'm going to talk to several and see if I can find one I like that knows how to go to bat for me.
 
Good advice to get a solicitor to protect your interests, that is not to say suing ofr millions of $ is the right thing to do.

Just an observation, not directed at the OP or his situation, but funny how everyone is recommending getting a lawyer involved, but in the next breath we'll all start a thread complaining how sue-happy the world has become...
 
Originally Posted By: crinkles
Good advice to get a solicitor to protect your interests, that is not to say suing ofr millions of $ is the right thing to do.

Just an observation, not directed at the OP or his situation, but funny how everyone is recommending getting a lawyer involved, but in the next breath we'll all start a thread complaining how sue-happy the world has become...


Find someone that has experience going through this would means you are less likely to be ripped off. That doesn't means you should be sue happy but if the other side has lawyers and professional (you can bet the insurance co do), you should at least match it.

Most of the them people settle because court hearing does neither side any good.
 
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