Visitor Question

Am I being low balled?

Submitted By: Kendra (Virginia)

Two years ago, I was in a motorcycle accident as a passenger. I broke my hand (which was problematic and was finally found two months post accident). I went through:

-7 sets of x-rays -3 MRI’s -1 CT scan -1 Arthrogram

I was seen by 1 military orthopedic doctor and 1 civilian doctor as my hand wasn’t getting better. I went to a civilian occupational therapist for 3 months full time. I now have about 50 percent usage of my dominant hand.

I work in the dental field (holding sharp instruments in hand above patient’s faces for a living), so my work is definitely affected by this injury.

They are offering $16k. Their reasoning is there’s “no medical evidence that it’s permanent.” We got stationed outside of the USA, so treating doesn’t matter anymore. The insurance says they just have to treat it as unhealed at this point.

Is this a low ball offer? What do I do? I know the policy limit for the person responsible is $50,000. Any tips you can give would be appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a localĀ attorney.

Answer

Dear Kendra,

The best tip we can give you is to consult with an experienced personal injury attorney at the earliest possible time.

There are some types of injury cases that can be handled without an attorney. Those injuries are generally referred to as “soft tissue” and can include strains and sprains to muscles, tendons, and ligaments, minor burns, minor cuts and abrasions, whiplash, etc.

Then there are the more serious “hard injuries.” They normally include fractures, deep cuts and gashes requiring stitches, head trauma, scarring, etc. Hard injury cases should always be handled by an experienced attorney.

There is just too much to lose in a case like yours. Without an attorney you have absolutely no leverage. If the insurance company says their best offer is $16,000.00, you have to either take it or leave it…or you can let an attorney handle the case.

An attorney has maximum leverage, including the ability to conduct pretrial discovery, court hearings, depositions, and even a trial in higher court. That is leverage. Moreover, in hard injury cases, attorneys almost always secure for their clients a much higher net settlement than the client could on his or her own.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 3, 2014

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