Driver ran stop sign and caused collision...

by Brian
(Bainbridge Georgia)

My wife and I had a date night on July 25th, 2015. We went to eat and to shop for my child's 15th Birthday. At around 9:40 PM we were driving home on US 84 near Cairo Georgia and a young man ran a stop sign and we collided. I was driving the speed limit with my cruise control set (65 mph the stated speed limit).

I have suffered from back and shoulder pain from the accident and have had a course of treatment from our local Chiropractor. I still experience neck and shoulder pain that will continually need to be addressed.

How much should I ask for in pain and suffering cost? My insurance company has already satisfied the lien on our totaled vehicle. What should I ask for in the total settlement? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "Driver ran stop sign and caused collision...":

Brian (Bainbridge Georgia):

From the facts you present, your injuries, albeit serious, were "soft tissue." Soft tissue injuries include strained and sprained ligaments, muscles, tendons, whiplash, and similar injuries. "Hard injuries" include fractures, head trauma, first degree burns, disfigurement, and other serious injuries.

Your care seems to be exclusively chiropractic. Insurance companies do not have much respect for bills resulting from chiropractic care. While many chiropractors are honest, others may drag out treatment, primarily to run up the costs of therapy in an attempt to receive more money.

No one is saying your chiropractor is unnecessarily prolonging your treatment, but regardless, the insurance company will only agree to reimburse you in an amount equal to half or maybe three quarters (or rarely all your chiropractic bills).

Any amount the insurance company may offer for your pain and suffering will likely be minimal, and considered a "nuisance" payout.

A realistic settlement demand would be three times the amount of your chiropractic bills and out-of-pocket expenses. Hopefully the insurance company will offer to compensate you in an amount at least twice your chiropractic and out-of-pocket expenses. But don't hold your breath.

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

Best of luck,

Judge Calisi

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