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Recent General Damages questions

I doing a personal injury case by myself girlfriend.

Hello:So I doing a personal injury case by myself for my girlfriend.Accident background:Car Accident happened 1.5 yrs back in a car with a friend following that she had neck brace, bed rest, PT( no-fault kicked in and paid 6k for first few months) lost tuition, lost employment etc but she had permanent damage on loss of height on spine, induced arthritis etc, you can look at her and tell her neck is curved. She certainly cant stand for a long time.So my main question is coming up with a quantifyable number:While I am writing my claim, I cant claim any countinued medical treatment as medical specials with multiplying factor as she was unemployed and resorted to alternative pain easing methods.So I am only left with general damages(permanent damage, pain and suffering and emotional depression(cant get any standing jobs as it hurts and w/limited education).the crux of the claim is even after 21 months(just recently) the general damangespermanent damage are hard to quantify so the claim amount I have seeked is same as max of the liability policy i.e 500k.If I calculate the long term effects its easily reaches this number.I just want your opinion on the demand amount what are the downsides that the adjuster thinks too much or I am simply seeking the max?regardssl

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JD 1992

Juris Doctor

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My Acura RL was rear-ended on 09-21-15 at about 9:00 am while

My Acura RL was rear-ended on 09-21-15 at about 9:00 am while I was stopped at a traffic light. It was a low-speed impact, under 10 mph, but my foot was on the brake and her Toyota Sequoia popped me in such a way that my body was flung forward and twisted a bit, causing my head and neck to twist as well. Immediately afterward my ears were ringing and I was in a bit of a daze. The other driver's first words were, “Are you OK?”. Then she said, “I was looking down and only looked up after impact. I wasn't on my phone though.” All of these details were in my recorded statement to my insurance carrier within 24 hours of the accident.She is insured with Farmers, I'm with USAA.The damage repair estimate for my car was $1,500. I received payment for that amount within a couple of weeks.By afternoon on the day of the accident, my neck and back on the right side were sore and tightening up. I barely slept that night due to pain. By the next morning I was coming down with a cold, which turned into sinus and then cough by the following day. I've been sick no more than 10 times in the past 28 years, so I can confidently say that my racked up body was the precursor to my illness.I got a 90-minute massage on the second day, and had my first visit with the chiropractor on day 3. She took x-rays that day, but made only minor adjustments. Over the next week, I had a couple more massages with a chiropractic treatment right after each one. I was unable to work effectively for the first 10 days, staying home part of the time and getting about half of my normal work completed.I had intermittent pain for about 5 weeks. By 7 weeks I was slowly starting to exercise again, but still getting a couple of chiro treatments a week to help me with the discomfort after the workouts. I tapered off treatments to once a week, then once every other week, and then concluded chiro treatments by the 15th week.My USAA insurance paid around $2,200 for the 4 massages ($420) and 20 or so chiro treatments, plus the x-rays.I submitted the documentation to Farmers and they just offered $3,000 to settle the matter. Since I have to reimburse USAA for what they paid, that's not enough money for my pain and suffering, much less for my time off work. I spent around 25 hours going to the massage and chiro appointments, and missed 20 hours of work over the first 10 days. My consulting time bills out at $125 per hour, but 45 hours @ $50 per hour, totaling $2,250, feels like fair compensation.My questions are as follows:1. What is a fair amount of compensation for my “pain and suffering” and lost work?2. How do I respond to their offer? In other words, what type of argument do I present to justify my counter offer? What should be the dollar amount of my counter offer?3. What leverage, if any, do I have to get the other carrier to move in my direction on the settlement amount?4. How many back and forth volleys should I be prepared to participate in before the numbers get reasonable enough to settle?5. What recourse do I have if the other side won't get close to my expectations?

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Patrick, Esq.

Doctoral Degree

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In December of 2015, I was rear ended on the freeway. The guy

In December of 2015, I was rear ended on the freeway. The guy who rear-ended me admitted fault, which I recorded him saying he hit me. It is a case of negligence. From the accident, I suffered a concussion (diagnosed by a neurologist), and suffered whiplash (neck strain) and have been going to physical therapy. I went to the doctor nearly 10 times after the injury. The biggest injury I sustained was with my eyes - although I can still see, my head heavily hit the back of my head rest. Ever since then, my eye-muscles have felt heavy, very stiff, and hard to move. This affects my work because I do illustration. I tend to get lazy to do my art because it takes that much more effort to do my work. This accident has totally diminished the quality of my life, ESPECIALLY because of the eye muscles thing - before I could move them around so smoothly, now its a chore. I typed up a demand letter, which I sent to his insurance company, asking for about $30,000 as compensation for special and general damages. Unfortunately, the insurance company only wants to offer me about $2,000. The insurance company I can tell is trying to wear me down to the point where I give up - because they're asking me oddball questions about insignificant things, to try to distract me and pay me as little as possible. I already met with 3 attorneys. 2 did not want to take my case because I had very little damage to the back of my car, and physically, I look ok. (Note: even though there's little damage to the back of my car, I learned thats worse for me because all the force went to me instead of being absorbed by the car). Anyhow, the first 2 attorney's I saw basically told me that in a court of law, in order for a jury to feel for me and award me any money, they essentially need to see CARNAGE - meaning, broken bones, paralysis, etc, etc...and my injuries don't have that physical obviousness to it - so, the lawyer says that even though I got hurt, and I did, really bad, the fact that this is difficult to prove makes my case worth very little. The third lawyer I went to told me that I need to go to a neuro-ophtopmologist, because he says they can perhaps run some tests to PROVE my injury...but, I'm kinda particular about subjecting myself to a bunch of eye-tests and I'm not sure any of these tests can heal or prove any injury, but I know what my eyes feel like, and it feels like heavy weights and super stiffness. The 3rd lawyer thinks my case can be worth a lot more than the $30k I'm asking if we can get PROOF of this eye injury I'm describing. My question is, considering these facts, and the reality of the FABRIC of how car accidents and insurance companies work, how can I get the amount of money I feel I deserve, without any additional PROOF of injury beyond what my doctor's have seen and diagnosed me (whiplash, concussion, headache, etc)...Note: these are hard to prove considering the nature of the injury - and please note: my neurologist said probably nothing would show up on an MRI). Looking to your reply.

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Irwin Law

Juris Doctor JD

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LawTalk), another quick question. What category would my

Hello Again Doug (LawTalk), another quick question. What category would my time for document preparation, email and phone communication go under. Specials, general, other?

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LawTalk

Attorney at Law

Juris Doctor

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Quick question. how are emotional and physical damages

quick question. how are emotional and physical damages (general damages) calculated usually.

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LawTalk

Attorney at Law

Juris Doctor

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After a rear end accident, how would I categorize the

After a rear end accident, how would I categorize the medical statements, out of pocket expenses, money lost due to unable to work(doctor recommendation), and treatment. I want to submit to insurance company of other party for payment.

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LawTalk

Attorney at Law

Juris Doctor

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My mother has an open UM claim. She died before the case was

My mother has an open UM claim. She died before the case was settled by the insurance company. The cause of death was not related to the accident. Can the estate make claim for special damages or only general damages?

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Christopher B, Esq

Attorney

Juris Doctor

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Almost a year ago my Ex ( Doe) and her new significant

Almost a year ago my Ex ( Jane Doe) and her new significant (John Doe) other involved my daughter in a 100mph DUI wreck. My daughter had a concussion and is still diagnosed with post concussion syndrome (PCS). As a young child she was diagnosed with autismand the head trauma set her progress back about 18 months. She is my only child and it has been and is still is emotionally difficult on me to think how close I came to losing her not to mention watching her suffer. As I understand it, correct me of I'm wrong,but I can sue both my Ex Jane Doe and her boyfriend John Doe for the pain and suffering Ive had to go through. Q1. Does that have to be filed within one year of when the DUI wreck occurred? Q2. Is it best to sue them individually or file one lawsuit with bothlisted? Q3. Since they will have to admit to almost all I put in my complaint, is it better to have a judge decide it or a jury? Thanks

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Christopher B, Esq

Attorney

Juris Doctor

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One last question (number five in my trial)... If there's a

One last question (number five in my trial)... If there's a pretrial motion in limine excluding "special damages," how does one prove "general damages" at trial without violating the terms of the special damages prohibition? Thanks...

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Irwin Law

Juris Doctor JD

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