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Old 02-21-2008, 07:30 PM   #1 (permalink)
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Join Date: Feb 2008
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Is my settlement fair?

Someone hit me when I was driving and their insurance claimed at fault. They t-boned me going about 40MPH. I was about 7.5 months pregnant at the time. The police and ambulance showed up and made reports of the accident.

I ended up in the hospital for over 24 hours because I went into pre-term labor, I also visited the emergency room for all my bruises, back pain and whiplash.I had emergency ultrasounds because they feared my daughter was hurt in utero, they prepped me for an emergency c-section. Thankfully they stopped my labor and I was released from the hospital and put on painkillers.

I was put on medical leave from work and lost 2 months of pay because my doctor was afraid I would go into preterm labor if I got off the couch. My pregnancy was 100% fine before the accident. It was2 months of hell for me, my happy pregnancy turned into worry and fear.

I had to go to a chiropractor for 3 months. My medical insurance went up an extra $50 a month because of the accident since I am a liability now. They said it may be years before they lower my premiums. My accident-free car had $5500 worth of damage and depreciated $3,000 because of frame damage (it wasn't totalled). I probably won't get paid for my car depreciation since they "fixed" it. My hospital bills were $5,000 and I have to reimburse my car insurance for this.

The person who hit me had the minimum police in CA. Which is bodily Injury for $15,000 for death or injury of any one person, any one accident and $30,000 for all persons in any one accident.

I also have coverage for underinsured, which is $100,000/$300,0000.

Here is a breakdown of expenses:
$500 out of pocket in prescriptions, doctor visits, car rentals, etc.
$3800 in lost wages
$5000 medical bills I need to reimburse to my insurance
$600/year in extra premium increases (probably for several years,let's just say 5 years- $3,000 total)

My lawyer is saying she is planning on settling for about $28,000. This means I will get $18,200 after she gets her 35%.

Here is a breakdown of my settlement and reimbusements:
$18,200
-$500 out of pocket reimbursement
-$3,800 loss of wages
-$800 to pay in income taxes from wages paid to me
-$3,000 (5 years of higher premiums)
-$5,000 I have to pay back to my insurance company

This means I would get about $5,000 for pain and suffering. Does this seem fair after what I went through? I want this to be done and over with, but I want to be paid what's fair. My daughter was stressed in utero and I was stressed for 2 months due to preterm labor issues. If this is a good settlement then I am happy, I don't want to be greedy and drag this all out- it's been 8 months since the accident and I am full recovered and my baby was born healthy as can be!

Thanks in advance!
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Old 02-22-2008, 11:41 AM   #2 (permalink)
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Quote:
Originally Posted by Jen2008 View Post
Someone hit me when I was driving and their insurance claimed at fault. They t-boned me going about 40MPH. I was about 7.5 months pregnant at the time. The police and ambulance showed up and made reports of the accident.

I ended up in the hospital for over 24 hours because I went into pre-term labor, I also visited the emergency room for all my bruises, back pain and whiplash.I had emergency ultrasounds because they feared my daughter was hurt in utero, they prepped me for an emergency c-section. Thankfully they stopped my labor and I was released from the hospital and put on painkillers.

I was put on medical leave from work and lost 2 months of pay because my doctor was afraid I would go into preterm labor if I got off the couch. My pregnancy was 100% fine before the accident. It was2 months of hell for me, my happy pregnancy turned into worry and fear.

I had to go to a chiropractor for 3 months. My medical insurance went up an extra $50 a month because of the accident since I am a liability now. They said it may be years before they lower my premiums. My accident-free car had $5500 worth of damage and depreciated $3,000 because of frame damage (it wasn't totalled). I probably won't get paid for my car depreciation since they "fixed" it. My hospital bills were $5,000 and I have to reimburse my car insurance for this.

The person who hit me had the minimum police in CA. Which is bodily Injury for $15,000 for death or injury of any one person, any one accident and $30,000 for all persons in any one accident.

I also have coverage for underinsured, which is $100,000/$300,0000.

Here is a breakdown of expenses:
$500 out of pocket in prescriptions, doctor visits, car rentals, etc.
$3800 in lost wages
$5000 medical bills I need to reimburse to my insurance
$600/year in extra premium increases (probably for several years,let's just say 5 years- $3,000 total)

My lawyer is saying she is planning on settling for about $28,000. This means I will get $18,200 after she gets her 35%.

Here is a breakdown of my settlement and reimbusements:
$18,200
-$500 out of pocket reimbursement
-$3,800 loss of wages
-$800 to pay in income taxes from wages paid to me
-$3,000 (5 years of higher premiums)
-$5,000 I have to pay back to my insurance company

This means I would get about $5,000 for pain and suffering. Does this seem fair after what I went through? I want this to be done and over with, but I want to be paid what's fair. My daughter was stressed in utero and I was stressed for 2 months due to preterm labor issues. If this is a good settlement then I am happy, I don't want to be greedy and drag this all out- it's been 8 months since the accident and I am full recovered and my baby was born healthy as can be!

Thanks in advance!
I was in an accident where someone ran a red light and Tboned me on the drivers side of a convertible. Like you, I sustained similar injuries, including cutting my head opened on the frame of the convertible. That was nearly two years ago, and I still haven't settled yet because I'm still undergoing treatment for the head injury. I currently take Namenda, routinely prescribed for Alzheimer's patients--* not for amnesia* as others mockingly titter---but for information processing. I sued for having to miss a semester in law school, not unlike you did for lost time from work and that part of my settlement was and still is uncontested. The only GOOD thing that happened as a result of this accident is I went from a Chrysler to a Corvette!!

As far as is it fair or not? People, in particular, some that post here, actually act pious here and then post other places that those that accept compensation for wrong done them or their family are "ambulance chasers". Fairness, unfortunately, is relative. Example: when my husband died in a work truck last summer in an accident ( he was the passenger--no way at fault) I received over a quarter of a million dollar settlement---which sounds like a lot of money, until you realize a friend of ours that got permanently disabled after crushing his leg in a lift got more than my husband did for dying. He can still walk, but with great difficulty--same state, same county. I am widowed with seven children and get half that amount. Is it fair? NONE of it is fair. My feeling is you cannot judge fairness by the amount of money you are being offered. I don't focus on the fact that someone else, still living "got more"---I focus on the fact that I can invest this money, live off the interest and make a good life for my children without, at least having to worry about the roof over our heads or the food on the table.

I and the family of my husbands co-worker that died are suing the state ( the collision was 100% the fault of a bus driver ) for wrongful death, and survivors benefits---which caps out at $600K per person killed. Of course, the attorney's fees are approx. 200K. When I walk out of court with a check in my hand, is my life different? Nope. Do my children feel happy? Nope. Fairness? Unfortunately, NONE of it is fair. To those who mock, I ask, "Would YOU accept ANY amount of money to burn to death over the course of an hour in the mangled wreckage of a work truck, knowing they were your final moments?"

To those who are too ignorant to understand the judicial system and understand that these laws are in place to protect those who are not at fault but have their lives irreparably damaged by those who are negligent, I say, wait until YOU experience loss or injury at the hand of someone like yourself who thinks exercising your rights under the law is "ambulance chasing". People from this very forum have actually posted my real name with comments like "What are you going to do now, WIDOW?" , mocking a situation that is nothing short of a tragedy. Of course, their next posting is to thank a gaudy rendition of Jesus peering at a world and piously declare, "What goes around comes around." Indeed. Let me be the first to jump on the bandwagon and hope that it does.

May the 'god' whose name you call upon with such thinly veiled hatred, jealousy, and nauseating piety have mercy on your soul the day you stand before him.



Never feel guilty about recovering for your damages. The law doesn't allow this to presume it MAKES UP for your loss. There is no way any amount of money can make up for what you have endured.

God forgive the ignorance of those piteous souls who mock the justice system, which is, unarguably, the greatest in the world. Hands down.

I wish you well.
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Grace

To ERR is human.
To FORGIVE is divine.
NEITHER is my policy.

Last edited by GentleGrace; 02-22-2008 at 12:00 PM.
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Old 02-22-2008, 02:23 PM   #3 (permalink)
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Thanks so much for your reply and I am so very sorry for your loss.

I did intially feel guilty for getting a lawyer and getting money for my pain and suffering, but I almost lost my baby. It was my first pregnancy and it was ruined because some jerk wasn't being careful on the road and was in a hurry to get home on a Friday after work. No amount of money was worth what I went through, I wish I could get back the time I spent in the hospital crying hysterically and the 2 months I laid in bed worrying that my baby would be born too early. It was all preventable. It was so unfair to me and my unborn daughter.

I can kind of understand your feelings because of my situation. No amount of money ever makes everything better sometimes. I wish you and your family the best.
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Old 02-22-2008, 05:44 PM   #4 (permalink)
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Quote:
Originally Posted by Jen2008 View Post
Thanks so much for your reply and I am so very sorry for your loss.

I did intially feel guilty for getting a lawyer and getting money for my pain and suffering, but I almost lost my baby. It was my first pregnancy and it was ruined because some jerk wasn't being careful on the road and was in a hurry to get home on a Friday after work. No amount of money was worth what I went through, I wish I could get back the time I spent in the hospital crying hysterically and the 2 months I laid in bed worrying that my baby would be born too early. It was all preventable. It was so unfair to me and my unborn daughter.

I can kind of understand your feelings because of my situation. No amount of money ever makes everything better sometimes. I wish you and your family the best.
You feel so many things when you are the victim of someone's carelessness--fear it could happen again, vulnerability at your inability to predict and avoid, and anger that in a moment, your life is changed. I cannot imagine having to worry about an unborn child as you did. I hope the other person has an inkling of what they have done, so maybe they will be more aware in the future. Sadly, some people never understand the correlation between their OWN actions and the end result.

NEVER feel guilty. It is WHY the system is there. It's like the Internet--the fact that people use it to perpetuate lies, deceit and dishonesty doesn't reflect on the medium itself, but the person whose life is wrought with the same. To say that innocent victims ( i.e. those who did no wrong that resulted in being harmed ) cannot collect for their damages because some people use the judicial system to issue threats about stupid things like secret underground bunkers, is absurd.

There is no parallel between those who use and those who abuse the legal system.

It's like that old silly saying "Do you take your lunch or ride the bus to school?" or a better one, "Wouldn't you rather be a good parent than buy a nice car?" There simply IS no parallel.

Because the legal system is abused by some doesn't take away from the legitimacy of its purpose. No, it isn't the legal system that is shameful in this regard. Those that misuse it are.

Be well.
__________________
Grace

To ERR is human.
To FORGIVE is divine.
NEITHER is my policy.
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Old 10-20-2008, 05:44 PM   #5 (permalink)
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Welcome back, Grace. Your posts have been missed... perverse, but true.
It sounds as if you are just now beginning to let all that pain come out. I hope you have been getting counseling. Life is just too short to live it with such anger and pain. It doesn't hurt THEM... it hurts YOU... and the people YOU INTERACT WITH. And then it comes back to you. I can't imagine having acquaintances who would make that WIDOW crack. Just know that nobody here wishes you ill. We just wish you better.
Janie
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