Pain and suffering settlement, what's fair?

[C1xRider]

To follow up, I mentioned my conundrum to a relative, and he referred me to a high school buddy of his who practices law in Oregon. 

His primary focus is real eatate law, but he's also an avid rider (told me he has over 35 bikes in his collection, and rides over 30K miles per year), so he also takes cases involving motorcycles.

He told me the statute of limitations in Oregon is 2 years, and to just wait and see how my shoulder is doing after some time, before I even consider settling.  He also said their offer was well below average, but every case is different.  He said when I think I'm ready, if they give me any trouble, call him.  Also, he said don't sign anything (obviously), especially anything giving them access to my doctor or my medical records (first pile of forms they sent me, which I didn't sign or return).

This was all done with a free consultation over the phone, which he does for anyone.  So if anyone in Oregon has the misfortune of needing an attorney to represent them in a personal injury case involving a motorcycle, PM me and I'll forward you his contact info.

Since I'm still experiencing daily discomfort with my shoulder, I returned their check, and told them I'm going to wait a while longer to see how it goes.

[Gumby]

he's also an avid rider (told me he has over 35 bikes in his collection, and rides over 30K miles per year),

Ok, I'm jealous.

[C1xRider]

Ok, I'm jealous.

Yes, it's pretty rare when I tell someone I have 6 bikes, and they tell me "oh, then you're just getting started". 

Nevermind the fact I've never been without one since I was 6 years old.

[ZG]

Yes, it's pretty rare when I tell someone I have 6 bikes, and they tell me "oh, then you're just getting started". 

 

[booger]

Don't forget that if you were not able to perform your husbandly duties or participate in your childrens activities they shared in your pain and suffering.

I thought he said he landed on his feet

[cmoore]

Whatever the jury gives you the lawyer will take 30 to 40 percent. That will be 2 to 3 years from now. Time is money.

[C1xRider]

Whatever the jury gives you the lawyer will take 30 to 40 percent. That will be 2 to 3 years from now. Time is money.

I don't have any plans to go that far, just want to make sure I'm covered for the future.  However, when I spoke with the attorney, he did tell me he doesn't do that.  He starts by determining what I want, and goes after what he can get over and above that for his payment.

I did figure out that driving my car to and from work is what's aggravating my shoulder.  The last couple of days I was careful not to use my left arm for anything other than holding the wheel steady, and it started feeling better.  Of course then this afternoon I reached out to pull a paper towel from a plastic towel dispenser, the towel jammed, I yanked on it, and received a very sharp pain through my shoulder.  Definitely not all better yet. 

Now I'm hoping for some dry weather so I can ride the bike.  That seems to be much easier on it then driving the car.  Go figure...

[CARLÃO]

Rest, ice, phisyiotherapy, etc... but, if pain persists and episodes like this continues to come on, I believe it would be interesting to get a second opinion, because something could be wrong. About the law suite, let me tell you something that people use to say in Brazil: Better a bad agreement than a good litigation.

[red2000]

I'm dredging up this thread instead of starting my own.

This past September I had an encounter with someone pulling out of their driveway.  I hit on her front left quarter panel and scraped accross her drivers side door.  I was launched over the car but thankfully escaped serious injury (geared up pretty well ).  I had a deep scrape on my shin and a tender spot on my left hip (I think I bruised the bone) for several weeks.  But the most enduring pain was with my neck since my head got yanked to the side pretty hard.  Went to the Chiropractor for a solid three months.  It still bothers me some but is still improving.  Anyway the other drivers insurance co. (State Farm) wants to settle now and offered the princely sum of $1000 for pain and suffering.  I'm like the OP, I'm not looking to take advantage of State Farm but $1000 seems pretty low.  From this thread and what the Dr. told me I was expecting between $3000 and $5000.  I've never been in this situation before and I'm not sure what my options are for negotiating a higher settlement, I don't want to mess with lawyers.  Do you guys have any suggestions?

[gPink]

Mess with the lawyers. They will.

[Nosmo]

Remember they can subpoena for access to your emails, and internet traffic, including what you say on this forum.