Shared Car Accident Cases

Look through these shared car accident cases that visitors to this website have submitted. Be sure to share your case so others can benefit from your experience.

Washington drunk driver slams into side of car injuring 4. Claim pending.

Linda reports that she was turning when a drunk driver rammed into the side of her car, totaling the vehicle and injuring Linda and her 3 passengers. Apparently, the drunk driver was well known to the police! Linda received a whiplash injury and has had neck and back pain as well as anxiety and depression. She has been treated mainly by a chiropractor and a massage therapist. Linda has missed one week of work and her chiropractor is recommending that she take off more time because her back is not healing as fast as it should. Each of Linda's passengers also suffered a whiplash injury. The drunk driver's insurance company is Allstate, and Linda and her passengers are dealing directly with Allstate. They have not hired lawyers.

Comments:* This drunk driver caused 4 injuries and, therefore, there are 4 separate injury claims.

Neither Linda nor her passengers should attempt to resolve their claims until they completely recover from their injuries and return to their usual pre-accident health.

When you are injured in an accident, the person who caused the accident (or, usually, their insurance company) must compensate you for everything that you go through as a result of the accident. BUT, until you finish going through the process you won't know everything that the accident caused. Or, as I often say, you won't know the full "story" of your accident until all of the consequences of the accident are over and the last chapter of the story is written.

When each injured person recovers, and therefore knows the full story of her accident, she can evaluate her claim to determine what is fair compensation. She should read this article to learn how to determine fair settlement value of her claim.

Alternatively, she can get my do-it-yourself ebook, The Car Accident Claims Kit. My book is the only place you will find the Car Accident Claims Checklist that I created. You just follow the checklist and use the forms, information and examples that I give to settle you own claim and save hundreds or thousands of dollars on legal fees. The book is inexpensive and comes with a 60 day no-questions-asked money back guarantee. In addition, as a bonus, purchasers receive a free consultation with me about their case.

Of course, Linda and her passengers should also consider consulting with a lawyer about their cases. This article explains which cases you can settle yourself and this article tells you how to find a good car accident lawyer.

 

Texas side impact collision causes brain injury. Case settled prematurely.

Jane reports that her daughter was injured in a car accident in Texas in 2003. She appeared to have a cervical sprain with muscle spasms and headaches, as well as a lumbar sprain. At some point, Jane's daughter, acting without a lawyer's advice, settled with State Farm for $15,000. Now, Jane is suffering from severe headaches and it has been determined that she has a brain injury which is a result of her car accident. Jane's mother wants to know what she can do to get justice for her daughter.

Comments:* Jane's daughter made a trade when she settled her claim. State Farm paid her money to compensate her for her injuries and other damages. In return, Jane signed a Release giving up her right to make any further claims against the driver who hurt her, or State Farm, as a result of her accident.

Unfortunately, the Release is probably binding on Jane's daughter. Unless there is some legal basis -- such as mental incapacity at the time -- that would allow her to get out of the Release, she is stuck with it. Based on the facts that Jane has reported, I doubt there is such a reason here, but Jane and her daughter could get advice from a Texas lawyer to make sure.

This tragic situation highlights the advice that I give over and over -- which you will see as you read through my comments to these shared cases -- that you should not resolve your claim until you are sure that you know all of the consequences of your accident.

You only get one settlement (or court decision) per accident. And, once you settle your case, the case is over. If it turns out that you had injuries that you didn't know about, you cannot make another claim for those injuries.

Wait until you fully recover from your injuries and return to your normal pre-accident health. If you have lingering symptoms, they can be a sign that you have not recovered from your injuries or that you have additional injuries that haven't been diagnosed yet.

When in doubt, see a doctor!

Brain injuries can be particularly hard to detect. Please read this article about car accident brain injuries. As you will see, they can cause physical, cognitive or emotional symptoms. If you have any of these, see a doctor for an evaluation and do not settle your claims until you know the full extent of your injuries.

Finally, if you have any doubts about the meaning or effect of a Release, or if you have any doubts about whether you should settle your claim, get advice from a car accident lawyer before you sign the legally binding Release.

Indiana collision causes arm, neck and low back injuries. Claim pending.

Darlene reports that a red light runner rammed into the rear side of her car, totaling it. As a result of her accident, Darlene has limited mobility in her left arm and pain in her neck and low back. So far, medical treatment has cost $3,000. In addition, Darlene has had to quit a part-time job because of her arm problem. She says that has cost her $14,000.

Darlene is representing herself and has sent a demand letter to State Farm asking for $37,000, the amount she would like to recover.

Comments:* My primary reaction is that Darlene has begun negotiations with State Farm too soon. It sounds like Darlene is still in treatment. If that is right, she doesn't know yet how long she will be in treatment or how long she will suffer from the symptoms of her injuries. On top of that, she doesn't know whether she will ever be able to return to her part-time job.

You should not begin settlement negotiations until you completely recover from your injuries or, if you won't recover fully, until you recover as much as you will. Only then will you know the full story of what your accident caused. Darlene doesn't know her full story yet. Therefore, I encourage Darlene to hold up settlement negotiations until she ends treatment and returns to her normal pre-accident health.

After she fully recovers, Darlene should re-evaluate her claim and make another "demand" if the facts are different at that time. And, she should ask State Farm for more than she actually wants to recover.

As a young lawyer, just like Darlene, I thought I should simply ask for the amount I thought was fair. Wrong. Wrong. Wrong. There is an entrenched system in place that involves back-and-forth negotiating. I couldn't change the system when I was a new lawyer and Darlene can't change it now.

The one amount that I can guarantee State Farm will NOT pay is the amount that she has asked for. They will assume that she will accept less and they will base their negotiation strategy on that assumption. (The only exception to this general rule is that an insurance company might pay the amount you asked for . . . if you ask for far too little. And, even then, they would try to negotiate for a lower figure.)

When Darlene is ready to resubmit her claim, she should ask for somewhere between 125% and 200% of the amount she actually wants. A lower figure doesn't give her enough room to move and a higher figure signals that she is a rookie who is clueless about the value of her claim.

I think Darlene should consult with a lawyer about her case. Read this article to learn how to find a good car accident lawyer.

If she intends to continue representing herself, Darlene should get my book, The Car Accident Claims Kit. It will tell her what to expect from the insurance company and how to deal best with them. It includes forms, checklists and examples. If it doesn't help her, she can get her money back.

Arizona head-on collision caused by driver with low insurance limit results in broken wrist and injuries to knee, neck and shoulder. Claim pending.

Noelle reports from Arizona that an erratic driver lost control of her vehicle, ricocheted off a retaining wall and ended up in Noelle's lane where Noelle hit her head-on. Noelle received 3 fractures in her wrist, severe soft tissue damage to her knee, disc injuries in her neck (which will be chronic) and a right shoulder strain. She has been treated for 5 months, at a cost of more than $12,000, and is not yet fully recovered. Unfortunately, because she couldn't work due to her injuries, Noelle lost her job. The value of that loss, to date, is more than $20,000. The driver who caused all of this had only the Arizona minimum liability insurance coverage of $15,000. On her insurance policy, Noelle has uninsured/underinsured motorists coverage of $50,000. Noelle hired a lawyer who did very little, so she is firing him.

Comments:* The driver who caused this accident is financially responsible for all of the damage and harm that she caused. Therefore, Noelle can file a lawsuit against her and expect to get a judgment for the full amount of her damages, whatever that turns out to be. However, because the at-fault driver only has $15,000 of liability insurance, that is all her insurance company will have to pay. The balance owed will be the at-fault driver's problem. Actually, it will end up being Noelle's problem, too, if that driver doesn?t have any assets that can be used to pay what Noelle is owed.

Fortunately, Noelle has uninsured motorists and underinsured motorists coverage on her insurance policy. As I understand it, those coverages are not required in Arizona. Therefore, Noelle was very smart to get these optional coverages. Here's how they work. Uninsured motorist coverage pays when the driver who caused your accident has no insurance. That is not the case here. Underinsured motorists coverage pays you if the driver who caused your accident has too little insurance. That is the case here. Therefore, after the at-fault driver's insurance company offers its policy limit, Noelle can make a claim under her underinsured motorists coverage and recover up to a total of $50,000, her policy limit. In case you are wondering . . . if it pays underinsured motorists benefits to Noelle, her insurance company can go after the af-fault driver to recover what it paid Noelle.

Noelle had bad luck with the lawyer she chose. Check here to learn how to find a good car accident lawyer, and then check here to learn the services your car accident lawyer owes you. If you're not getting these services, speak up. Let the lawyer know what you expect.

South Carolina intersection collision causes shoulder injury and hand scarring. Claim pending.

Charlie reports from South Carolina that he could not avoid T-boning the SUV of a driver who had run a red light. Charlie's car was totaled. In addition, his shoulder was injured and he has been left with major scarring on his left hand, which was cut by his windshield. Charlie was treated for 3 months and his medical care cost $1,200. Charlie missed one day from work, which cost him somewhere between $500 and $1,500. Charlie is handling his own claim against State Farm, which insures the negligent red light runner. Charlie says that he wants what is fair.

Comments*: Although there is a great deal of insurance company propaganda to the contrary, virtually every client that I have ever represented has had the same attitude as Charlie, they simply want a fair result to their claim. They don?t want to take advantage of anyone (don't worry, the insurance company won't let you take advantage of them), but they don't want to be taken advantage of.

I can't be sure without more details, but Charlie's medical bills sound awfully low to me. I hope he is claiming the full amount of the bills, and not just the co-pays that came out of his pocket. He is entitled to recover the full amount of the bills. And that's a good thing, because, if his health insurance paid the bills, they have what is called a "subrogation claim" against Charlie if he recovers from the negligent driver. That means that Charlie will have to pay them back all or part of the amount they paid for his medical bills.

Figuring out fair compensation for scarring is always difficult. Charlie's scars should improve over time. There may also be surgical procedures that he could have to improve the scarring even more. If he elects to have this surgery, the cost of the surgery becomes part of his claim. In fact, even if he does not actually have the surgery, the cost of it is probably part of his claim.

Charlie should probably get a local lawyer's opinion on the question of what is fair compensation in his case.

All of these topics are discussed in my new ebook, The Car Accident Claims Kit.

Texas collision with utility pole causes rib fractures and injuries to head, face, neck, back and leg. Case pending.

Ranae reports from Texas that she was a rear-seat passenger in a vehicle that struck a utility pole to avoid hitting another car. The driver of the car was not injured, and the front seat passenger only had minor injuries. However, one back set passenger died in the collision. Ranae, the other back seat passenger, received rib fractures and injuries to her head, face, neck, back and leg. Her mouth and teeth were also injured.

So far, Ranae has been in treatment for a year. Her medical bills have been about $50,000.00. She missed work for 4 months, which cost her approximately $25,000.00.

Geico is the insurance carrier for the at-fault driver (presumably the driver of the car that Ranae?s driver was trying to avoid). Ranae says that Geico "only has $20K left."

Ranae has hired a lawyer, however she is not satisfied with her lawyer's services. She wants to fire him.

Comments* Obviously, Ranae has a large claim for damages, and she should be represented by a lawyer. But, what can you do if you are not satisfied by your lawyer's performance, as Ranae is?

First, I recommend that you talk with the lawyer and "clear the air." Explain why you are dissatisfied and ask for clear and specific answers to your questions. It may be that the lawyer knows things that you don't about the case and that her explanation will give you more confidence. If your lawyer is avoiding you, send a letter to the lawyer -- by certified mail to get the lawyer's attention -- asking specific questions and asking for a written response.

If you are still not satisfied, you may want to get a second opinion. Many lawyers will give you a free second opinion about your case.

You can always fire your lawyer, however you may owe him something if you don't have what your state considers to be ?good cause? to fire the lawyer. Yes, even though you have a "contingent fee agreement" that pays your lawyer only if there is a recovery, you may owe a fee if you fire the lawyer without good cause.

Before firing a lawyer, make sure that you know the law of your state and know whether you will owe the lawyer anything. In most cases, it is not a good idea to fire a lawyer without good cause and end up paying a fee to that lawyer and another fee to the new lawyer that you hire.

Read this article to see my opinions on the services that your lawyer owes you.

Car T-bones truck at intersection in Rhode Island. Claim pending.

Hiroshi has posted his car accident which occurred in Rhode Island in May, 2007. His car T-boned a truck in an intersection. The truck driver and his insurance company, Geico, admitted responsibility.

Hiroshi's injuries include a forehead bruise, headaches, a stiff neck and pain in his shoulders and arms. He is still sore one month after the accident.

So far, these are the numbers: repair of vehicle, $3,000; medical bills, $420; lost income, $235.

Hiroshi is representing himself.

Comments*: It is too early to "evaluate" Hiroshi's claim because he is still recovering from his accident-caused injuries. When he submits an injury claim to Geico, he will want to be able to tell "the whole story." That is, he will want to be able to explain all of the effects that this accident caused, in terms of his injuries, lost income and the other effects on his life. These are the losses that he wants to be compensated for. Obviously, he won't know "the whole story" until the story ends. Usually, this means when he fully recovers from his injuries.

Until then, he should get necessary medical care , be careful what he says to Geico keep a diary (so he won?t forget the details of what he is going through) and submit a no-fault claim to his own insurance company. When he is fully recovered, he should determine the settlement value of his claim. before he submits it to Geico.

I hope Hiroshi will send a follow-up report and let us know how his claim works out.

Passenger injured in rear-ender in Maryland. Claim settled.

April has posted her car accident which occurred in Maryland in June, 2004. She was a right front seat passenger in a car that was rear-ended while waiting at a red light. The insurance company for the pick-up truck that hit her car, Erie Insurance, admitted responsibility.

April claimed a neck injury and then, later, low back pain. She was treated for over 2 years after her accident, however there were large gaps in her treatment, with one gap in her treatment being about a year.

April?s medical bills totaled $6,000. She did not claim any loss of income. The cost of repairing her vehicle was only a few hundred dollars.

April hired a lawyer. Her case was settled in June, 2007, for $9,400.

Comments*: There were several factors that reduced the settlement value of April's claim. One problem is that she did not get regular treatment. If there are "gaps" in your treatment, expect the insurance company to offer you less, arguing either that your injuries were not significant (because, if they were, you would have gotten regular treatment) or that something must have happened during the gap that was the cause of the later treatment (not the car accident).

April should have gotten necessary medical care and, if possible, avoided the gaps in treatment.

It also sounds like April had difficulty showing that her low back injuries were related to her car accident because there was no record of the low back injuries for several months after her accident. If your medical records don't show complaints of a particular injury within a reasonable time after your car accident, expect the insurance company to claim that the accident didn't cause those injuries. Try to review your medical records to make sure that they are accurate and complete, that they show all of the complaints that you made. In addition, ask your doctor to state a written opinion on the cause of injuries that weren't obvious right away. If your doctor believes the injuries were caused by your car accident, this opinion will help you prove your claim.

Bicyclist in California runs into open car door. Jury verdict.

Scheherezede was riding her bicycle on Santa Monica Boulevard in West Hollywood. The driver of a parked car opened his door and Scheherezede ran into it. She was thrown onto the road and another driver ran over her left arm.

The owner of the car who opened his door claimed that Scheherezede was not paying attention. The driver of the car that ran over her left arm claimed he didn't have time to avoid her.

A jury decided that the driver who ran over Scheherezede's arm wasn't to blame, that the driver with the open door was 65 percent at fault and that Scheherezede was 35 percent at fault.

The award was $103,331. However, because of Scheherezede's comparative negligence, the award was reduced to $56,620.

Comments* Scheherezede is fortunate that her accident happened in California, a comparative negligence state. If this case had been filed in one of the 4 contributory negligence states, Scheherezede would not have been able to recover anything (because any contributory negligence in those states completely defeats the claim).

It doesn't surprise me that this case could not be settled and had to go to trial. Whenever an insurance company thinks it has a good chance to get a finding that it's driver was not negligent or that the injured person was also substantially negligent, they will take their chances at trial. Here, they thought that they could convince the jury that Scheherezede wasn't paying attention to where she was going.

If you have a case where liability is contested, you should hire a lawyer to represent you because there is a good chance that your case will end up in court.

Pedestrian killed in Texas. Jury verdict.

On February 11, 2005, 52 year old David Peterson was standing on a sidewalk outside his car in parking lot. As he was standing there, a van driven by Victoria T. Esparza, an employee of American Habilitation Service, Inc. (AHS), jumped a curb, hit 2 parked cars and then struck Mr. Peterson. The lawyer for the plaintiff argued that Ms. Esparza was going at least 30 miles per hour when she hit Mr. Peterson and that AHS negligently hired Ms. Esparza because she had a poor driving record. Mr. Peterson sustained multiple fractures throughout his lower, upper and mid-body, a closed head (brain) injury and a subarachnoid hemorrhage. He died as a result of his injuries.

Mr. Peterson's family argued that he would have earned $1.4 million to $1.8 million over his remaining work life.

A Texas jury awarded damages against both AHS and Esparza and in favor of Mr. Peterson's surviving family members. The total verdict was $4,280,000.

Comments*. This horrible case illustrates that "wrongful death actions", which are controlled by state law, normally benefit surviving family members. In this case, the family members were able to recover for "loss of society and companionship," loss of inheritance, loss of pecuniary contribution and mental anguish. In a separate "survival action," there was also an award for Mr. Peterson's conscious pain and suffering and for the cost of treating him before his death. The damages awarded in the survival action will most probably be paid to the beneficiaries of Mr. Peterson's estate. If had a valid will, the beneficiaries named in his Last Will and Testament will recover those damages. If he didn't have a will, Texas law will determine, through so-called rules of intestate (without a will) succession, who will receive those damages. In all likelihood, it will be his closest surviving family members.

Rear-end collision in Virginia results in torn rotator cuff. Jury verdict.

In heavy traffic on Route 66 in Northern Virginia, Walter Reusche?s vehicle was rear-ended by a vehicle driven by Inocentes M. Lutz. Mr. Reusche claimed that Ms. Lutz failed to keep a proper lookout and failed to maintain a safe distance between vehicles. Mr. Reusche also claimed that he sustained a torn rotator cuff which required surgery. Mr. Reusche, a 40 year old who worked as a computer technician, claimed medical bills of $12,000 and lost income of $2,000.

Ms. Lutz admitted liability but disputed the extent of Mr. Reusche?s injuries.

After deliberating for about 1 ½ hours, a jury returned a verdict of $20,000 for Mr. Reusche.

Comments*: Because Mr. Reusche had to go through shoulder surgery, I would have expected a jury to award more for pain and suffering than this one did. Apparently, Mr. Reusche had "demanded" $30,000 before trial, but Ms. Lutz? insurance company, Allstate, only offered $14,000. After paying an expert witness (his orthopaedic surgeon) to testify, and considering the time and hassle that it took to get the case to trial, it turned out that going to court didn't add much, if anything, to what Mr. Reusche would have netted if he had accepted the defense's settlement offer. Of course, it's always easy to make these judgments after the case is over.

18-wheeler collides with motorcycle in Texas. Jury verdict.

In March, 2006, a tractor-trailer changed lanes as it traveled on I-35, near Waco, Texas, and ran into a 2003 Honda Shadow motorcycle being ridden by Walter Browning, throwing Browning off the motorcycle and seriously injuring him.

Browning, a 13-year Army veteran and former security guard, lost four fingers on his left hand and can no longer walk without assistance because of massive injuries to his left leg.

The defendants had a different version of how the accident happened. They said that Browning had driven his motorcycle into the tractor-trailer, instead of the other way around.

Both sides hired accident reconstruction experts who came up with different opinions about the cause of the accident.

A federal jury deliberated for about 3 hours before deciding liability in favor of Browning and returning a verdict in his favor for $6 million . . . to cover past and future physical injuries, disfigurement, physical impairment and medical expenses.

Comments*: This case shows us a number of things. To start with the most obvious, it shows that when liability is contested, you need a lawyer to represent you. It also shows that when the stakes are high, you need a lawyer to represent you. While there are many cases that you can handle for yourself, click here to learn when you should hire a lawyer.

Obviously, this plaintiff hired a lawyer early in the process and the lawyer was able to put together the evidence to prove Browning's winning case.

It's not unusual for experts on each side of a case to say opposite things, such as these accident reconstruction experts. Sometimes jurors react to that fact by saying something like, "if the experts can't agree, how are we supposed to figure this out?"

Therefore, it is important that your experts ? accident reconstruction experts, doctors, economists, whatever ? not only support you but make sense. If your expert "just makes more sense" than the opposing expert, you have a great chance of winning your case.

Instead of settling this case, this insurance company decided to "roll the dice." If the defense had convinced the jury that Mr. Browning had caused the accident, he would have received nothing! If it had convinced the jury that he was a partial cause of the accident, Mr. Browning's award would have been reduced under the comparative negligence doctrine. However, in this case, the dice came up "snake eyes" for the insurance company and Mr. Browning was awarded more than I think he would have accepted to settle the case.

Rear-ender in Massachusetts causes neck, back and shoulder injuries. Case Pending.

Richard and his wife were the last of a line of cars stopped for a red light. The light turned green and the cars started to move but they quickly stopped again. The vehicle behind Richard's didn't stop and rammed his car while going about 20-25 mph.

Richard's car was damaged on the rear, and it cost almost $6,000 to repair the damage.

Richard injured his back and neck and his wife injured her neck and shoulder. Even after being treated for 3 -- 4 months, Richard's neck is still sore and it does not seem to be getting better.

Richard and his wife have hired a lawyer

Comments*: Massachusetts is a no fault state which means that injury claimants cannot sue the at-fault driver for damages unless a "threshold" is exceeded. Massachusetts has a monetary threshold, $2,000. This means that Richard and his wife can file a claim against the at-fault driver if their reasonable and necessary medical bills are more than $2,000 (each), as it appears that they will be.

The most important thing for Richard and his wife to do now is recover from their injuries.

Unless they are approaching the deadline known as the Statute of Limitations, no claim should be made until Richard and his wife fully recover from their injuries or reach "maximum medical improvement" which means recover as much as they are going to recover. Only then will Richard, his wife and their lawyer know the extent of the injuries for which they are claiming damages.

One final observation. Richard's claim and his wife's claim are separate. If one recovers before the other, they can attempt to resolve the claim of the recovered spouse. Normally, however, if a case has to be filed in court, both claims will be filed in one lawsuit.

Go here to learn more about the settlement process.

Alabama lane changing accident causes headaches, neck pain, upper back pain and shoulder pain . . . and a bogus contributory negligence defense. Claim pending.

Candis reports on her 16 year old daughter's accident in Alabama. While Candis' daughter was driving in the left lane of a highway, a driver to her right changed lanes and collided with Candis' daughter's car. The other driver admitted these facts to the police and 2 witnesses said the same thing. The police report identified the lane changer as the cause of the accident.

Candis' daughter has headaches, neck pain, upper back pain and shoulder pain. She had to stay overnight in a hospital and she is receiving follow-up care.

Now, the other driver's insurance company, USAA, is claiming they owe Candis and her daughter nothing because Candis' daughter was contributorily negligent.

So far, Candis and her daughter are representing themselves.

Comments*: Alabama is one of only 4 states (Alabama, Maryland, North Carolina, and Virginia) and the District of Columbia that follow the harsh contributory negligence rule. Under this rule any negligence (fault) by Candis' daughter would completely defeat her claim against the careless (negligent) lane changer. However, as the case is reported by Candis, her daughter was not contributorily negligent. She says she wasn't, and there are independent witnesses who tell the same story. The lane changer apparently also told the police the same thing.

So why is USAA denying liability? Beats me. I hope that Candis and her daughter will hang in there, because they have a valid claim, both for repair of their car and for Candis' daughter's injuries. Candis should click here to learn more about getting her car repaired.

Unless it gets to a point that there is a statute of limitations that is about to bar her injury claim, which is unlikely, Candis' daughter should wait until she fully recovers before making an injury claim. Then, she should check here to learn more about making her injury claim.

If I were Candis, I would consult with a lawyer since USAA won't voluntarily pay the claim and it seems her daughter's injuries are serious. There's too much at stake for a do-it-yourself effort. She can check here to learn more about hiring a lawyer, and she can go here to learn the ins and outs of lawyer fees in car accident cases.

I hope Candis will report back and tell us how this claim works out.

T-bone Intersection collision in Illinois causes whiplash and knee pain. Claim pending.

Dekki reports on an Illinois intersection crash. As Dekki was lawfully going through the intersection, with a green light, another driver ran a red light and T-boned Dekki's car. It cost $7,000 to repair the car damage.

Dekki received whiplash, stiffness and swelling in the back and neck and a soft tissue knee injury which caused pain for 2 months, a limp for about 4 months and a weakened knee for about 11 months. Dekki's medical bills total about $6,000. There is no lost income.

The driver who hit Dekki did not have car insurance, so Dekki is dealing with his own insurance company under his uninsured motorists coverage.

Dekki is negotiating with State Farm and the Good Hands People have offered $3,000 as compensation for Dekki?s pain and suffering. (Presumably they are also willing to pay Dekki's medical bills.)

Dekki, who does not have a lawyer, asks how to "build a case" for more pain and suffering compensation from his "own insurance company."

Comments*: It sounds as if Dekki has fully recovered from his injuries. Therefore, there is no reason to wait any longer to try to resolve his injury claim.

There is no evidence that Dekki did anything to contribute to causing this accident. Therefore, he is entitled to recover the full value of his claim. The Big Question, of course, is what is "full value." Dekki should review this article on car accident settlement value. Then, he should review this article on settlement negotiations.

I don't know enough about the facts of the case to have a strong opinion, but it appears to me that Dekki is entitled to more compensation -- possibly much more compensation -- than has been offered. If he hangs in there, follows the suggestions in the articles on settlement value and negotiations, and is patient, he should be able to do much better.

BTW, although State Farm is Dekki's insurance company, with an uninsured motorists claim they act as if they insure the other driver. As you see, they aren't doing Dekki any favors because he has been paying them insurance premiums for years. Dekki should deal with them as if they were some other company.

If he is not satisfied with the best State Farm settlemnent offer, before agreeing to accept it Dekki should consult with an Illinois lawyer who specializes in car accident cases. For help with that, Dekki should read this article on finding a car accident lawyer.

California rear-ender causes fractured tooth, knee and neck injuries to rear seat passenger. Claim pending.

Heather reports that she was a rear seat passenger in a Chevrolet Cavalier which stopped to avoid a deer crossing the road in California. Unfortunately, a full size Chevrolet pickup that was following the Cavalier didn't see that it had stopped and rammed into it, totaling the Cavalier.

As a result of her mouth snapping shut from the impact, Health suffered a fractured tooth which required a root canal and a crown. Heather's knee was also injured when it jammed into the seat in front of her. Finally, she suffered a soft tissue neck injury.

Heather has been getting chiropractic care twice a week. So far, her medical bills exceed $4,400.

The truck that rammed Heather's car was insured by Progressive.

Heather has hired a lawyer and her claim is pending.

Comments*: I'm not a doctor and I don't play one on television -- I haven't even stayed at a Holiday Inn Express -- but I understand the basics of neck injuries. If you would like to understand them, you can read this article on neck injuries and follow the links to learn common ways to diagnose and treat neck injuries.

I think Heather was wise to hire a lawyer since her injuries are serious and have already persisted for at least 4 months. If you're unsure, read this article to see when you can represent yourself and when you should hire a lawyer to help with your car accident claims. You can also read this article that gives tips on how to find and hire a car accident lawyer.

Garbage truck rear-ends car at stop light in California causing neck and back injuries. Claim pending.

Melanie reports that she was stopped at a red light when a garbage truck rammed her from behind, pushing her car into the car in front. Her airbag didn't deploy and the seatbelt harness on her 2003 Honda Accord did not secure her, causing her chest to hit the steering wheel.

Melanie suffered severe whiplash in her neck and back. Some of her symptoms were tingling and pain which radiated down her arm into her hand and fingers. Her medical bills have totaled $25,000. She missed work for 7 weeks, which amounted to a loss of $10,000. In addition, she lost a promotion that would have paid her an additional $800 per month. Unfortunately, Melanie still suffers from neck pain.

On top of all of her lost income, Melanie has had other financial losses and consequences as a result of her accident. She couldn't go on a non-refundable cruise that she scheduled for her birthday. She was late paying her mortgage, and her credit has been severely damaged because she was out of work and without income for almost 2 months.

Melanie?s claim is pending. She is representing herself in dealing with Esis, Inc. I don't know this company, but I think it is a claims administrator, not an actual insurance company.

Comments*: Melanie has a very significant claim because she has large financial losses -- that will continue in the future because of her lost promotion -- and serious injuries which may not yet be resolved.

Melanie should not settle her claim until she is sure that she has fully recovered from her injuries or reached her "maximum medical improvement." At that point, if she still has symptoms, she should have a doctor evaluate her to determine whether she will have permanent consequences of her injuries and, if so, what those permanent consequences will be. If she will suffer with the consequences of her injuries for the rest of her life, she should be compensated for that suffering.

In resolving her claim, Melanie is entitled to recover all of her out-of-pocket expenses . . . for such things as medical bills, lost income in the past (while she was out of work), lost income in the future (the amount she is losing because of the lost promotion -- until she gets the promotion, if she does), the cost of the cruise that she missed but had to pay for, and any other financial losses she has incurred.

As usual, the more difficult issue to resolve is how much Melanie should be compensated for having to go through this experience -- in the past and, if she will have permanent consequences of her injuries, in the future. This is the element of damages that is often called "pain and suffering."

Her claim could easily entitle Melanie to compensation in the six-figure range.

Because of the seriousness of her case, I strongly urge Melanie to hire a lawyer to represent her. The fee she will pay could be a very good investment if her lawyer helps to maximize her recovery. She should read this article to learn more about finding and hiring a lawyer.

Wisconsin drunk driver causes accident that injures his passenger-girlfriend. Claim pending.

Noelle was a right front seat passenger in a car which skid on ice and hit a parked car. The driver, who happened to be Noelle's boyfriend, was charged with DUI.

Noelle fractured her wrist and elbow, and she had glass "coming out of her arm." She expects permanent scarring on her right arm. In addition, she has suffered with upper back pain and headaches since the accident, which was 3 months ago.

Noelle estimates that her medical bills will total $25,000 by the time that she is done treating. In addition, she missed 2 weeks of work, which cost her $3,000.

Noelle, who is representing herself in her dealings with A.I.G. Insurance Company, is concerned about how to "put a price tag" on her pain and suffering.

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Comments*: Noelle has a significant case that could possibly entitle her to six-figure compensation, depending on all the facts.

Because it is such a serious case, I urge Noelle to hire a lawyer to represent her. She should read this article to learn about finding and hiring a car accident lawyer.

An experienced car accident lawyer can help Noelle make sure that she get fair compensation for her pain and suffering.

Scarring can add significantly to the compensation that Noelle can recover. If it is clearly noticeable, and especially if it bothers her or if it interferes in any way with what she does for a living, it could entitle her to a great deal of compensation. To use an obvious example, a disfiguring scar on a professional model's face would be a big deal. (The same scar on a man would with a regular job add less value to his claim.)

Noelle should make periodic photos of her scars to use as evidence.

Noelle should be aware that A.I.G. may try to blame her for her injury. What? She was just riding as a passenger. If they have any evidence of this, they may argue that she got into the car knowing that her boyfriend was drunk and that decision contributed to causing her injuries. Their argument may be that she "assumed the risk" of being injured.

In car accident cases, Wisconsin recognizes a principle called "comparative negligence." Basically, it means that the fault (negligence) of those involved in the accident is "compared," and the injured person's recovery is reduced by his or her percentage of fault. So, if Noelle were determined to be 25% responsible for causing her injuries, her recovery would be reduced by 25%. And, if she is determined to be 51% or more at fault, her claim is completely defeated.

These issues are too tricky, and the stakes are too great, for Noelle to represent herself.

Inattentive Connecticut driver rear-ends stopped car. Herniated discs, large wage loss and "loss of consortium" result. Claim pending.

In Connecticut, Larry's vehicle was stopped when it was rammed by a vehicle going 40 -- 50 mph . . . whose driver later said that he had "only looked at the floor for 30 seconds."

Larry suffered cervical and lumbar disc herniations which cause (radicular) pain into his arms and legs. Even while taking narcotic pain medication, Larry cannot sit or stand for long. Obviously, he can't work. He has had to retire from his job as an R.N. making $80,000 per year.

Larry has been in treatment for more than a year. He is no longer intimate with his wife, and he has feelings of worthlessness.

Larry has applied for social security disability benefits, and his claim is pending.

He has hired a lawyer.

Comments*: The careless driver has made a devastating admission. If he was going 50 mph and was inattentive for 30 seconds, he would have traveled about 4/10 mile. If he was going 40 mph, he would have traveled 1/3 mile in that time. Even if he has misjudged how long he wasn't paying attention, it is clear that he was not watching where he was going for far too long!

You can make calculations like this in your case. The calculation is based on the fact that 1 mph = 1.46666667 feet per second.

Obviously, this driver's careless inattention has changed every part of Larry's life . . . from his physical and mental health to his ability to work, earn and care for his family.

Larry's relationship with his wife has been affected, too. The name of the legal claim for damage to a marital relationship is "loss of consortium." This claim is based on the common sense notion that when one member of a "marital team" is injured, the spouse is affected, too. Many people incorrectly think that loss of consortium only means loss of sex. It means much more than that. It includes all of the changes in the martial relationship. Loss of consortium is either an element of a claim for "pain and suffering," or a separate claim, depending on the law of your state.

Serious physical injuries are almost always accompanied by psychological effects, such as Larry's feelings of worthlessness. Post Traumatic Stress Disorder, Depression and Anxiety are common. Larry is entitled to be compensated for dealing with ALL of the consequences of his accident . . . physical and mental, financial and non-financial.

This case illustrates that car accident settlements and verdicts often provide imperfect justice. Larry has suffered losses that cannot be undone. The clock can't be turned back and Larry can't be given back his former life. All the law can do is compensate him in money damages for his many losses.

I certainly hope that, at least, Larry is compensated for his losses to the fullest extent allowed by Connecticut law.

Ohio rear-ender causes herniated discs, depression and hopelessness. Claim pending.

Ada and her fiancé were stopped at an intersection in Ohio waiting to make a left turn when they were rear-ended by a car going about 40 mph whose driver said his brakes failed.

Ada sustained 3 herniated cervical (neck) discs and severe middle and low back problems. Ada has had surgery on her neck in which the surgeon "fused" the bones together, causing a loss of mobility and leaving a 5 inch scar on the front of her neck. She needs more surgery on her back, but she is putting it off. So far, Ada's medical care has cost about $68,000.

More than 3 years after her accident, Ada is still in treatment. Her injuries are permanent.

Ada has not been able to work since her accident. She has applied for disability, but her claim is pending. She is thinking about filing bankruptcy.

Ada reports that this ongoing saga has caused problems in her marriage (she must have married her fiancé after the accident), including a loss of intimacy because of her constant pain.

She cannot sit or stand for long or do many of the things that she used to do.

Ada has hired a large law firm to represent her, but she reports that her lawyer does not return her phone calls.

The insurance company that is defending against Ada's claim is American Family Insurance which is arguing that the "real cause" of Ada's problems is degenerative disc disease that she had before the accident, not her accident. However she never had any neck or back problems before the accident and her doctor has testified (at a deposition) that, in his/her opinion, the accident caused the herniated discs.

Ada reports that "I am so depressed that I do not even get dressed most days.. . I just feel like my life is hopeless." "I am trying so hard to be patient but when you cannot pay bills or go to the grocery and your marriage is hanging on by a thread, it is tough to be optimistic."

Comments*: I don't know Ohio law on the issue of brake failure. In the state where I do most of my work, Maryland, owners and operators of motor vehicles are required to exercise reasonable care to properly maintain and inspect their brakes. The failure of brakes to operate properly, which causes an accident, is evidence of negligence (fault) . . . however, the operator may show that s/he did inspect and maintain the brakes. If the driver can show that the brake failure was sudden and unexpected, that is a defense against the claim. This may be an issue in Ada's case. Perhaps the driver who struck her car is contending that he maintained and inspected his vehicle regularly and the brake failure was sudden and unexpected, that he didn?t do anything wrong and should not be responsible for causing this accident.

American Family Insurance is also claiming that the obvious cause of Ada's injuries -- a 3,000 metal missile going 40 mph ramming into her stopped car -- is not the "real cause." They are arguing that the real cause of Ada's neck problems is that, like virtually all of us, she had degenerative (aging) changes in her neck and back before the accident that were causing her no problems and might never have caused her any problems. So . . . no neck or back pain before the accident and massive neck and back pain after it. You tell me what the cause of the neck and back problems is. How do people who make these outrageous arguments sleep at night?

Ada's lawyers may be doing a fine job in the lawsuit that is pending, however they are not meeting one of their most important obligations to their client. Ada should read this article which explains the services that her lawyer owes her.

Unless Ada is calling every 20 minutes or behaving inappropriately when she calls (which I doubt), there is no excuse for her lawyer not returning her calls. Some lawyers forget what their client is going through and that the client, who will have to live with the results of the case while the lawyer goes on to the next case, understandably wants to know what is going on.

Arizona drunk driver rams side of car turning left causing facial bruises and a knee injury. Claim pending.

Dorrie reports that she was making a left turn in Arizona when a speeding drunk driver rammed into the driver's side of her car.

Dorrie and 1 of her 3 children who were in the car were injured. Her daughter had facial bruising and Dorrie had multiple bumps and bruises as well as a knee injury.

Medical bills have totaled about $2,000, $1,200 of which have been paid by Dorrie's health insurance company.

Dorrie is representing herself in negotiations with the drunk driver's insurance company, Gainsco Insurance. The drunk driver had the minimum coverage that he could have in Arizona, $15,000.

Comments*: Arizona is a fault state, but there is certainly no question who caused this accident. The only question to be resolved is how much Dorrie and her injured daughter are entitled to recover as compensation for what they have gone through.

Dorrie has at least 2 claims for injuries, hers and her daughter's. They are separate claims and they can be resolved separately. There are also 2 separate insurance policy limits that are (potentially) available to pay these claims.

To begin with the obvious, Dorrie should not be attempting to settle these claims unless she is sure that she and her daughter are fully recovered from their injuries. If there is any doubt about this, she should wait until she is sure. This is because she will only be able to settle each claim once. After it is settled, the claim is over. She can't be compensated for any injuries that are discovered after the settlement.

As a practical matter, the fact that the driver who hit Dorrie's car was drunk adds value to these claims. That is because a judge or jury hearing the case if it went to court would be offended by the drunk's actions and would probably come down harder on him (or her). Dorrie should remember this when she negotiates with the insurance company.

One other thing that Dorrie should know is that her health insurance company will probably make a "subrogation claim" against her settlement. This means that they will ask to be repaid for the medical bills they have paid for Dorrie and her daughter. And, guess what? They probably have a right to this recovery. Dorrie should consider this fact in the settlement negotiations.

Dorrie should read this article on car accident settlements because it explains how to put a value on her claims. She should also request my 5 part eCourse on 5 Sure Ways to Increase Your Car Accident Settlement. The course coverers several things that Dorrie should know, including how to evaluate her claim and how to deal with subrogation claims.

I hope Dorrie will report back when her claims are resolved. * While I hope my comments are helpful, please remember that they are not legal advice or other professional advice.