Opinions Please-Personal Injury

14 years ago

In December of last year, I slipped in a puddle of water at a local grocery store. No signs saying "wet floor" and no mat. I dislocated my elbow and chipped a piece of bone.

I lost just under $1,500 in wages. Medical bills came to a little over $4,000. After I submitted payroll, medical bills and medical records to the grocery store's insurance company, I thought they would offer a settlement. Instead, they told me to submit my demand. I hope not to involve a lawyer and a court case. My elbow is not 100% and most likely will never be. But it does not hinder me from doing most things, except I don't lift as heavy objects as I used to and I must be more careful about using the left arm to hold my weight when getting up from sitting or prone positions. It still causes me some pain, but nothing I can't deal with.

Based on information I found on the web, I came up with an amount I think is reasonable. I work for an attorney, but he doesn't deal in personal injury cases. He suggests strongly that I contact an attorney (he gave me a couple of names) and ask them to take a look at my paperwork and tell me if they think I have a case. He tells me that he knows of at least two cases where people settled for what they thought was a reasonable amount, and then a few years down the road, when they saw the doctor for something, the doctor told them that it was related to the prior injury and their insurance wouldn't pay for it so they had to pay privately.

DH wants me to ask the insurance company to agree to pay for any charges I incur in the future that are deemed related to the injury, but I already know they will laugh at me. It will be a one-time settlement, I'm sure.

I don't know how it is nationwide, but in California a lawyer typically gets 40% of a settlement. So, if I went that route I would have to ask for at least twice as much as I really wanted, right? Then "society" pays. This just seems ridiculous to me. But an attorney has already told me that if I try to do it outside the courts and the insurance company thinks I am asking for too much money, they will just counter with the amount of wages and money I have lost. Period. Then, of course, I would have to go to court anyway to receive anything for pain and suffering.

This whole thing is just making me sick. I just want it to be over, but I don't want to have to worry that I will later have medical bills that I won't be able to pay.

Have any of you been through a personal injury settlement/case before? Do you have any advice?

TIA

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Comments (15)

glenda_al
14 years ago
I fell in WalMart, last year, on a water spot.
Pushing my cart, and all of a sudden, down I went, with my legs separating, one under the cart. I knew immediately I had pulled something. NOTHING on floor to indicate spillage, etc.

Personnel came, stood around me with their clipboards, while two gracious customers helped me sit up and get into one of those motoroized carts.

Friend came to take me to doctor, while her hubby took my car back to my place. X-rays showed no breakage, but a pulled hamstring. 8 LONG weeks before mended.

All I can say is document, take pictures, make a day to day journal.

good luck!
glenda_al
14 years ago
I can add more if you want.

Did talk with attorney's and company that handles WalMart claims, and doctor on a settlement.

Company that handles WalMart, who I settled with, had me sign a statement that I will FOREVER release them of all claims forever and ever and family cannot come back in future to claim anything. Signed my life off with them, to say the least. Did get a small settlement with them.
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sushipup1
14 years ago
The attorney that you work for says to talk to a PI attorney. Sounds like good advice to me. If it isn't a big $$ issue, he won't take the case, but will give you some advice.
Chemocurl zn5b/6a Indiana
14 years ago
A friend here in IN had a PI attorney years ago and he got 1/2 for taking the case...what a rip-off...imho.
alisande
14 years ago
I got a settlement when I was rear-ended. I would have gotten more if I had known what I was doing and kept detailed records. The smartest thing I did was to finally put it in the hands of a lawyer. Yes, he took a cut (one-third, as I recall). But before he came into the picture all I got from the insurance company was a runaround.
grittymitts
14 years ago
Please don't discount your employer's advice -he knows for cartain how things can turn out otherwise.

FUTURE medical care as part of your settlement may can be more important than you realize. Arthritis loves compromised bones/joints; the reason orthopedic docs often say things like, "You'll be good weather prognosticator because that joint will ache for 2 or 3 days before a big weather change."

In 1964 someone rear ended me & I had what the insurance company called a 'little whiplash' injury & believing I would be fine, I ignorantly settled for what seemed a fair amount.

For 20 years afterward I suffered horrible, blinding headaches, lost time at work & spent untold dollars on medical care. Now 72, my neck often sounds like a bowl of Snap, Crackle & Pops if I turn my head too fast.
mariend
14 years ago
Whatever you decide to do, make sure you do not sign anything stating this is a final acceptance. With a chipped bone, all sorts of this could happen in the future. Did you go to a specialist? What was his decision? Did you ask him and get it in writing, possible future problems? I would at least discuss it with an attorney specializing in accidents involving large corporations. My DH hurt his finger years ago, and the company he worked with negotiated with the insurance company that if anything happened involving that finger, the insurance would take care of it for the rest of his life.
that is what you are looking for--remember it is the job of the insurance company to pay as little as they can, and settle as fast as they can.
wantoretire_did
14 years ago
Donna - I was a legal assistant for 35 years and have seen it all. You should at the very least get a consultation, and it shouldn't cost you anything. Listen to your employer and see a PI attorney. What is the statute of limitations in your state? You don't want to let that go by.
mcmann
14 years ago
I don't know what your state laws cover but in most cases the insurance company will not give you a settlement unless you sign off on all future claims. I would at least go for a initial consultation and then make your decision.
azzalea
14 years ago
Why would you NOT take your lawyer-employer's advice? It's the best advice you're going to get.

DD was rear-ended some years ago. We were at our lawyer's office within 24 hours. Let him handle everything. We didn't have to talk to insurance companies, didn't have to open the piles of medical bills, didn't have to worry about all that stuff--we could focus our attentions on DD's health concerns (she was left with a permanent injury, even though immediately following the accident she was okay--often injuries from accidents can appear further down the road).

Another thing to consider--if the accident happened only a few months ago, don't be in a rush to settle. If you hire a lawyer, he'll no doubt drag his heals until the statute of limitations on this sort of case is almost ready to run out. That's a GOOD thing, because who knows what other physical problems may crop up for you in the future? Best not to rush to settle.

Your lawyer also will know what drs to have you evaluated by because they have good standing as expert witnesses with the court, etc.

Don't worry about the lawyer taking his cut--if he's a good lawyer, he deserves it, and if he's a good lawyer, you'll do better for having representation than without it. Insurance companies are very, very good at getting injured parties to settle for less than they deserve.
monica_pa Grieves
14 years ago
See an attorney. PI lawyers work on a percentage of the settlement, no money up front...so, they will look at your claim and tell you if it is worth both your efforts.

Your health insurance company may demand their medical payments out of the settlement.

So...see a PI lawyer for a professional evaluation of your claim.
grammahony
14 years ago
See a lawyer, and don't be in a hurry to settle. You'll be sorry if you do. I had a crushing bone injury at work (arm caught in a case packer). I'm luck I still had my arm attatched when the machine was shut off. 5 years later, I was so tired of the run around, delays etc. I settled for a pittance with an arbitrator.
Leslie
sue36
14 years ago
I agree with the others, see an attorney. I am an attorney and I can tell you that the vast majority of non-lawyers are not equipped to negotiate against us. Do the consultation and learn when the statute of limitations will expire. Continue going to the doctor, chiropractor, etc. You have pain, you shouldn't have to just deal with it. You were harmed, you are not yet at 100% or even at where you will end up. Get treatment, keep receipts. I wouldn't settle until you know better what your end condition will be.
susanjf_gw
14 years ago
go for the attorney your's reccomended...retail is fameous for dragging cases out till either you do see an attorney or you give up in frustration...pal had a bad spill on terrible steps at toys are us (ca).. it took 3 years for them to settle...
donna_loomis
Original Author
14 years ago
Thank you all for telling me of your experiences and expressing your opinions. I have decided to go with the consensus and have made an appointment for tomorrow to see one of the attorneys my employer suggested.

I HAVE felt pressure from the insurance company all along to sign and return the authorization to allow them to get medical records (was advised by my employer to wait until treatment was done). Numerous calls and letters, some bordering on just this side of rude.

DH just wanted a quick end to this, but I think he understands now that quick may not be best. I really do appreciate this group. Thank you again.

Opinions Please-Personal Injury

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glenda_al

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