Author Topic: Pain and suffering settlement, what's fair?  (Read 7804 times)

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Pain and suffering settlement, what's fair?
« on: October 23, 2012, 11:10:12 AM »
I know this is a very subjective question, but I'm hoping there will be some good feedback here.

Back in mid June, I was t-boned by a guy that ran a stop sign.  I was riding a Harley that day.  It was a low speed impact, and although I bounced off the front of his rig, I landed on my feet.

I was making a left turn, he was approaching the intersection from my left side, also planning to make a left turn.  He saw me far too late, but we both almost managed to stop.  The impact was to the left side of the forks, then slammed the bike down on its right side.

He admitted fault, his insurance company has been very responsive, courteous, and prompt about doing everything they said they would do.  They paid for the repairs on the bike, paid the amount I requested for loss of use, and are paying all medical expenses as they should.

Now comes the question of Pain and Suffering.  I have no experience with what is fair and equitable, and no idea what a reasonable amount would or would not be.

The injuries I sustained were nothing I consider major.  The biggest problem was with my left shoulder.  I spent over 2 months going to the doctor every week for treatment.  I also had to get an MRI, which showed micro tears of a major tendon.  My doctor had me on restricted use (don't lift more than 8 pounds, no continuous or repetitive use for more than 15 minutes) for most of the summer, which was a inconvenience.  None of this affected my work, or riding my other bikes, just didn't get some projects done around the shop I was planning to do.

The insurance company has proposed an amount of $3500, which to me isn't much, but again, I haave no frame of reference.  I'm not looking to screw the insurance company, but since it's their offer, and their money, I would expect them to offer the least amount they think they can get away with.

Does anyone have any suggestions (besides get an attorney)?

--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Son of Pappy

  • Guest
Re: Pain and suffering settlement, what's fair?
« Reply #1 on: October 23, 2012, 11:16:30 AM »
Figure on how much your time is worth and how much time will be lost in the future.  I would say use a month and multiply that by the number of years YOU expect to live.  I bet it is considerable more than $3500.  It's certainly less than a bloodsucking lawyer would demand, but a fair payment for the current pain and future suffering an aging body will experience.

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Re: Pain and suffering settlement, what's fair?
« Reply #2 on: October 23, 2012, 11:28:59 AM »
Good advice, as I was only thinking about the last 4 months.  I'm not expecting anything more than minor inconvenience for the next year while the tendons heal, and no long term problems after that.

If I base anything on my salary, then we'll probably need attorneys to resolve this.  I really don't want to go there.
--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Offline CARLÃO

  • Jr. Member
  • **
  • Posts: 71
  • Country: br
Re: Pain and suffering settlement, what's fair?
« Reply #3 on: October 23, 2012, 11:32:43 AM »
Microruptures are invisible to the MRI, because if they are micro, we can't see without a microscope... so, probably, you had a partial, maybe a small rupture of the rotator cuff and tendon ruptures are almost unable to heal without surgery, as this one. To include this possibility in your request can be very resonable, in my opinion.

Son of Pappy

  • Guest
Re: Pain and suffering settlement, what's fair?
« Reply #4 on: October 23, 2012, 11:38:58 AM »
Trust me here, things never really heal %100.  Down the road old injuries rear their ugly head.  I'd say use some standard amount, but that would be cheating you out of something you earned.  Everyones time has value, some is worth more than others.  Whethor you hire a lawyer or not one thing is sure and that is a lawyer is already involved.  If you come up with a fair figure their lawyer will sign off, if they refuse a fair figure then and only then consider a lawyer to protect your interests, reinforce the fact that if you end up with a lawyer the fair figure will raise sunstantially to cover legal costs and the time associated with dealing with them.  It isn't about how much you can get, it's about recouping loss, past, present, and future.

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Re: Pain and suffering settlement, what's fair?
« Reply #5 on: October 23, 2012, 04:23:42 PM »
Microruptures are invisible to the MRI, because if they are micro, we can't see without a microscope... so, probably, you had a partial, maybe a small rupture of the rotator cuff and tendon ruptures are almost unable to heal without surgery, as this one. To include this possibility in your request can be very resonable, in my opinion.

I should clarify, the MRI didn't show micro tears of the tendon, just inflammation that the MRI clinic doctor attributed to micro tears, based on the nature of the injury.

My doctor didn't review the MRI, just used the information provided by the doctor at the MRI place to change the treatment tactics.  Once that was done, I started responding to treatment, and things got a lot better very quickly.  My doctor was confident there would not be any need for surgery.

I believe the injured tendon was the Supraspinatus.
--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Re: Pain and suffering settlement, what's fair?
« Reply #6 on: October 23, 2012, 04:34:47 PM »
Trust me here, things never really heal %100.  Down the road old injuries rear their ugly head.  I'd say use some standard amount, but that would be cheating you out of something you earned.  Everyones time has value, some is worth more than others.  Whethor you hire a lawyer or not one thing is sure and that is a lawyer is already involved.  If you come up with a fair figure their lawyer will sign off, if they refuse a fair figure then and only then consider a lawyer to protect your interests, reinforce the fact that if you end up with a lawyer the fair figure will raise sunstantially to cover legal costs and the time associated with dealing with them.  It isn't about how much you can get, it's about recouping loss, past, present, and future.

Boy, I hate to think about all my past injuries coming back to haunt me when I'm old.  That's going to suck big time...

I do understand what you're saying, and that insurance companies are nothing but lawyers and CS reps.

I guess it's the "putting a dollar value on the loss - past, present, and future" part, is what I'm struggling with.  My doctor continually reminds me that I have a high pain threshold.  In fact, one time my doctor actually said to me "We've already determined that we can't rely on your pain receptors as a reliable feedback mechanism", after I hyper-extended my knee (partial tear of the MCL & ACL).  This makes it difficult for me to determine what "suffering" really is, and what compensation for it should be worth.
--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Offline twowheeladdict

  • Full Member
  • ***
  • Posts: 1198
  • Country: 00
Re: Pain and suffering settlement, what's fair?
« Reply #7 on: October 23, 2012, 05:20:55 PM »
I was hit from the side while stopped at a stop sign in 1987.  My medical injury consisted of soft tissue damage to my left foot.  I was able to almost bail off the bike when he impacted me and I was thrown into the ditch.  Settled the bike and gear within a few weeks.  Knowing that back injuries could show up later, I held off settling with the insurance company for a year.  They offered $8000 and I took it.  They knew that the longer I wait the greater the chance that something might show up that could be blamed on the accident.

My advice is to find out what the statute of limitations is in your state and then tell them you want to wait a period of time to ensure no other latent injuries surface.  They may up their offer.  Good Luck, and Kudos for not getting an lawyer involved if not needed.

BTW:  8k then would be over 16k today.
My Concours Travels:
2014 New England Tour http://www.zggtr.org/index.php?topic=17336.msg212077#msg212077

Offline twowheeladdict

  • Full Member
  • ***
  • Posts: 1198
  • Country: 00
Re: Pain and suffering settlement, what's fair?
« Reply #8 on: October 23, 2012, 05:25:35 PM »
Boy, I hate to think about all my past injuries coming back to haunt me when I'm old.  That's going to suck big time...


It does.
My Concours Travels:
2014 New England Tour http://www.zggtr.org/index.php?topic=17336.msg212077#msg212077

Offline blue14

  • Arena
  • Full Member
  • ***
  • Posts: 175
  • Country: us
Re: Pain and suffering settlement, what's fair?
« Reply #9 on: October 23, 2012, 06:14:30 PM »
30K is the minimum cost to go to court for them......
2010 C14, 2007 ZX14,  2004 KTM 300SXC

Offline Rick Hall

  • Administrator
  • Full Member
  • *****
  • Posts: 624
  • Country: us
  • Eruption
Re: Pain and suffering settlement, what's fair?
« Reply #10 on: October 23, 2012, 06:49:48 PM »
... I guess it's the "putting a dollar value on the loss - past, present, and future" part, is what I'm struggling with...

Is the settlement satisfactory for the crap you put up with TO DATE? Lost income while seeing the Doc, travel to same, limited use of ?? during that time (if any)... All fairly easy to calculate.

If you think you MAY have reduced capacity in 1-50 years that MAY be due to the accident, see a lawyer.

Example, if you're a hand model (your hand is photographed for artwork/advertising), and the accident dorked up your cuticle making your 'valued asset' useless today, as well as a few years down the road while your hand is still in its prime...

Rick
Rick Hall     1994 ZG 1000 "Sam"      xCOG #1914 (CO)
  GfNi H.P.   DOD #2040   1kQSPT 14.16   IBA #3274
    The Kawasaki Concours page at: www.zggtr.org

Son of Pappy

  • Guest
Re: Pain and suffering settlement, what's fair?
« Reply #11 on: October 23, 2012, 07:20:08 PM »
 :goodpost:

Offline twowheeladdict

  • Full Member
  • ***
  • Posts: 1198
  • Country: 00
Re: Pain and suffering settlement, what's fair?
« Reply #12 on: October 23, 2012, 07:21:53 PM »
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.
My Concours Travels:
2014 New England Tour http://www.zggtr.org/index.php?topic=17336.msg212077#msg212077

Offline CARLÃO

  • Jr. Member
  • **
  • Posts: 71
  • Country: br
Re: Pain and suffering settlement, what's fair?
« Reply #13 on: October 24, 2012, 12:38:22 PM »
I figured that the rotator cuff could be injured but not torn and a contusion is pretty less severe than the rupture. Supraspinatus, infraspinatus, teres minor and subscapularis form the cuff. Hope you recover well and soon and then further on up the road!

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Re: Pain and suffering settlement, what's fair?
« Reply #14 on: October 24, 2012, 07:53:12 PM »
Thanks for all the good feedback, advice, and info guys.  Given the small amount of their settlement offer, and the wording of the settlement / release form they sent me, I'm thinking I'll just return their check and tell them they are on the hook for any future expenses.  I will also find out what the statute of limitations is in my state too, as that will play into any decisions I make.

As much as I hate to do it, I might even pay a consultation fee to an attorney (only for advice), just to see if there's anything I'm not aware of that I really need to know.  This is one of those rare times I wish I had a friend that practiced law in this state, just to bounce questions off of them.
--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Re: Pain and suffering settlement, what's fair?
« Reply #15 on: October 24, 2012, 07:57:36 PM »
I figured that the rotator cuff could be injured but not torn and a contusion is pretty less severe than the rupture. Supraspinatus, infraspinatus, teres minor and subscapularis form the cuff. Hope you recover well and soon and then further on up the road!

Thanks for the well wishes!  I'm finding that I think everything is great, then I do some seemingly minor thing, and it starts aching again.  When it does, there's referred pain at the back of the elbow too.  Pretty certain that whole muscle & tendon combo is still not 100%.  I've heard estimates it can take over a year to fully recover, if it ever does.
--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Offline ZG

  • Arena
  • Hero Member
  • *****
  • Posts: 6677
  • Country: us
Re: Pain and suffering settlement, what's fair?
« Reply #16 on: October 24, 2012, 08:03:24 PM »
This is one of those rare times I wish I had a friend that practiced law in this state

Well if you ever need advice from somebody that breaks the law in this state Rob you already know how to reach me and Gumbi... ;)
 
j/k... I wish you all the best on this, FWIW I agree with the others, that $ amount seems quite low...  :-\

Offline Gumby

  • Arena
  • Sr. Member
  • ****
  • Posts: 1320
  • Country: us
  • Black 2011
Re: Pain and suffering settlement, what's fair?
« Reply #17 on: October 24, 2012, 08:57:21 PM »
Well if you ever need advice from somebody that breaks the law in this state Rob you already know how to reach me and Gumbi... ;)

                                                                   

Offline C1xRider

  • Full Member
  • ***
  • Posts: 836
  • Country: us
  • Where did all the posts go?!??
Re: Pain and suffering settlement, what's fair?
« Reply #18 on: October 24, 2012, 09:57:47 PM »
I have plenty of experience in that area too.  Not always intentional though.  ;D
--------------------   BACK UP YOUR DISKS PEOPLE!! -------------------------------
2012 K1600 GTL 8), 2010 C14 ABS, 2002 HD FXSTDI, 2000 XT350, 1998 C10, 1983 V65 Magna, 1978 HD SX250

Offline twowheeladdict

  • Full Member
  • ***
  • Posts: 1198
  • Country: 00
Re: Pain and suffering settlement, what's fair?
« Reply #19 on: October 25, 2012, 05:35:13 AM »
                                                                   

Dang Tom.  How'd you get that video of my wife, and put it in your avatar?
My Concours Travels:
2014 New England Tour http://www.zggtr.org/index.php?topic=17336.msg212077#msg212077