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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32324
Experience:  Began practicing law in 1992
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My wife and I were in a rollover accident in January of 2014.

Customer Question

My wife and I were in a rollover accident in January of 2014. She was driving. We hit ice. (temperature was 38 degrees.) We went 180 degrees, hit gravel, rolled once down an embankment and was stopped by a large Ponderosa pine. Since I was the passenger I believe I have insurance coverage for ’pain and suffering”.
I injured my left hip, I would suppose, from hitting so hard we when hit on all four wheels. I also injured my right shoulder and my rib cage on my right side, (probably from slamming into the arm rest). Also had a pretty good bump on my head from banging into the window. I had a 2 inch cut on my hand from broken glass as the sunroof shattered.
My hand had a dozen stitches but healed fine. My rib cage healed after 8 to 10 months or so. My doctor said I probably bruised a kidney and tore cartilage. I’m still having trouble with my hip and shoulder. X-ray couldn’t detect any actual damage to my hip joint. I finally have decent range of motion in my right shoulder but it catches at times which is more a nuisance. I have had a difficult time sleeping. The shoulder injury won’t allow me to sleep for any period of time on my right side and the left hip injury made it difficult to sleep on my left side.
My emergency room doctor said I probably had a mild concussion as my eyes were somewhat dilated and I was nauseated for a couple of days. I laid pretty low and all seemed to pretty much return to normal. I do feel my balance has been effected and have headaches now more often then I remember having. Traveling is also a problem as I still to this day can’t sit for more then hour to an hour and a half at a time.
I would prefer to settle with our insurance company rather then hire an attorney as my wife and I travel and I wouldn’t want to be obligated for court appearances etc. I would rather take a little less money and get it over with but I don’t know what reasonable compensation is in a situation like this. My insurance limits are 100-300-50. I wouldn’t expect anything close to that limit but they offered me $6000. That seems low.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
I read your facts, is there a specific question with which I could assist?
Also, what insurance company is this?
Customer: replied 1 year ago.
State Farm
Expert:  Dwayne B. replied 1 year ago.
And what specific question can I assist with?
Customer: replied 1 year ago.
What kind of settlement should I expect. When should I say 'OK, I'm happy with that..
Expert:  Dwayne B. replied 1 year ago.
You just have to go with a multiplier. In today's legal environment, a decent settlement offer with no lawyer and under these facts (the negligence and no diagnosed long term injuries) 1 1/2-2 times the amount of the medical bills would be a number that would have to be considered. If you had a lawyer State Farm MIGHT go up to 2 1/2-3 times the medical bills and that's just might and then you have to pay the lawyer out of that.
In order to get a settlement offer over those amounts you would have to go to court and actually pick a jury and start the trial. With the policy limits that are present State Farm isn't going to be worried about you getting a judgment in excess of those amounts so the higher policy limits actually work against you in this case.

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