Legal Question in Personal Injury in Missouri

Was in a car accident 2 1/2 years ago where i was hit head on while stopped at stop light, the driver hit me around 100 mph. I had a pain in my knees and across right shoulder blade similar to being hit with a board. I saw one chiropractor and was releived for a short time, once the pain came back i informed my adjustor that I would like to see another doctor. This dr didn't seem to be doing anything so once again i changed doctors where I finally saw results aside from a lingering knee pain. The second dr after several attempts from myself and my adjostor has not turned over records and I am in need of the settlement. after speaking to my adjustor she claims that this has been exsessive and that if i wanna wait around to see if he mail his records I can but that they don't need to pay for his bill since he didn't help. They are offering enough to pay for my bills aside from the second doctor's bill and nothing more. Would I be out of line to ask for more, my bills add up to approx. 12500 $ would I be wrong to ask for 15000$


Asked on 10/12/10, 4:14 pm

2 Answers from Attorneys

Stephen Schultz Schultz Legal Group

Certainly you are entitled to more than $15,000. In fact, our injury lawyers would never accept anything near what is currently offered by the claims adjuster. It sounds like the claims adjuster is playing games with you, which common practice when a car accident injury victim does not have legal representation. You must have a real concern about your future medical prognosis too, which is something the adjuster is NOT going to include in his/her valuation of your claim. This is one of those situations where you would benefit from speaking with a lawyer to discuss your rights. You only have one shot at compensation for a claim, and given the impact speed and injuries, you are going to be railroaded into an unfair settlement unless you have an experienced lawyer.

Read more
Answered on 10/17/10, 4:27 pm
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am sorry to hear about your accident and injuries. I am a Missouri attorney out of the St. Louis metro area that focuses my practice almost exclusively on injury claims, and primarily auto accident cases.

There is no reason why the insurance company should not pay for the second doctor's bill. In fact, you are likely entitled to substantially more than you are suggesting, but it may be necessary to obtain representation to end up with an offer that is in line with what you are entitled to. My office, in handling these claims, is often able to negotiate an offer two times what the medical bills add up to, and sometimes three or more times the amount of medical bills, depending on whether you are likely to have any on-going or long-term effects from the injuries.

In addition to compensation for your bills, you are also entitled to a sum of money for pain and suffering, and an amount to cover any future medical expenses, even if they are not likely to occur for another 10 years down the road. Remember that, once you settle, you lose the right to ever pursue any additional compensation whatsoever from the insurance company. I am not able to determine what an appropriate amount for your claim could be without knowing the type of injuries you sustained, but certain types of injuries can be worth substantially more than the medical bills alone.

I can be reached, for your convenience, by e-mail, at [email protected], or by phone as well. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

Read more
Answered on 10/18/10, 12:38 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Missouri