Insurance offering low amount for prolonged chiropractic treatment...

by Jessie
(South Carolina)

Me & my then 2 yr old son were rear ended by a truck doing 55 mph. I was stopped waiting for a car to turn in front of me when I saw him coming, so I hit my gas and tried to get out of his way, but it was too late. My van was totaled.

I also went to a chiropractor for 9 months & my son went for 6 months. I am still in pain but do not have the $ to continue with the chiropractor. I've been waiting now for the insurance settlement offer & they just offered me $705 for my son because they say he's only 3. I haven't got an offer yet but now I'm scared to see what it might be.

I don't think $705 is fair but I haven't ever been through this before. What me & my son went through is worth more than that, but how much more? What do I do to make them increase their offer?

I have already lost my van & what they gave me after it was paid off was a joke. I need another vehicle because the one we got to replace it (because we had very little $ for a down payment & no time to look) is a piece of crap. This has destroyed our lives because we were already struggling. Any tips you can give would be much appreciated.

Visitor Question:
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ANSWER for "Insurance offering low amount for prolonged chiropractic treatment...":

Jessie (South Carolina):

I'll presume the insurance company offered you (your son) the amount of $705.00 dollars over and above his chiropractic bills.

If the insurance company was aware you were treating for nine months and your son for six, and they agreed that treatment was reasonable and necessary, then you should consider multiplying your son's chiropractic bills and yours by about two. It's doubtful the insurance company will consider much more than that.

So if your son's chiropractic bills amounted to about $350.00 dollars, then the amount of $750.00 dollars over and above their payment of the chiropractic bills would be a reasonable settlement. The same principle should apply to you.

You and your son's injuries appear to be "soft tissue." Soft tissue injuries are normally compensated in an amount anywhere from 1.5 to 3x, and in extreme cases by 4x.

If you can convince the insurance company to pay all chiropractic bills, parking expenses, out of pocket expenses for heating pads, etc. and over above that, a settlement amount representing 3 times the amount of the chiropractic bills, you would be hitting a "home run." More realistically, two times would be a good settlement.

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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