A Good Old-Fashioned Personal Injury Auto Settlement

Sometimes, I write about interesting or unique cases. Other times, I write about my frustrations with how people drive inattentively (and to go fully tangential, yesterday, while I was in the middle of a bicycle time trial, a truck decided to ignore me going nearly 30 miles an hour and block the entire road so he could back a trailer into his driveway). Some blogs I write are about unique areas of the law, or about what to do if you are involved in an auto crash, work injury, or slip and fall. I even talk about referrals to other lawyers.
But, much like my recent blog about how sometimes you just want the basic comfort food, done properly, sometimes I write about fairly simple and relatively run-of-the-mill cases.
That’s what N’s case was, and I’m proud to say I was able to resolve it for him, quickly and favorably.
What Happened
Traveling on I-294, traffic, as it often does, slowed to a stop. The driver behind, according to the Illinois Traffic Crash Report “didn’t notice” cars in front of him were stopping. In short, a young driver screwed up and crashed into my client’s vehicle pretty hard.
Fortunately, the injuries N sustained were not serious. While he had prior back and neck issues and had been treated periodically for them, he had no issues performing his work or recreational activities.
That changed after the crash. He noticed a distinct difference in how much his back and neck hurt, how much the pain restricted his activities, and how he needed medical attention to help these injuries heal.
I encourage all my clients to take an active role in their treatment, so I do not “send” them to doctors; instead, I advise them how to go about finding proper medical care. In this case, my advice was to seek treatment with whatever provider saw the client most recently, which, in N’s case, was a chiropractor. That way, the doctor can make a distinction between the “before and after” condition of the patient, hopefully attributing this to the crash.
I also encourage people to see their primary care physician (PCP), if they have one, because that doctor will know them well and be able to compare their current condition to previous examinations.
It is also important, in my opinion, to see some sort of an M.D. Why? Because that degree resonates with insurance companies and defense attorneys more so than with “non-M.D.s,” such as chiropractors, acupuncturists, or naturopaths. I think those doctors are great, but I’m not the one who matters.
Last, I always encourage people to get physical therapy from a reputable place. Physical therapy helps get people better (I do it myself!) and it is valued by the “other side” as a value driver of cases.
Fortunately, N took my advice to heart and did all that I recommended.
What Next?
Once N’s treatment was complete, he let me know and I began the process of obtaining medical records and bills.
What I also did was have him give his employer a form to complete showing what days he missed from work. This is not just an economic number, it is also a way to tie everything together. How so? If a doctor tells you to take off work, you take off work per doctor’s orders, and the employer verifies that you did, it now ties your pain to your inability to work. It gives some medical gravitas to it all.
Finally, I had N complete a diary, giving me a before/during/after picture of his daily activities and how the injuries affected his ability to perform them and for how long. I then used all this information in creating my letter demanding settlement.
It’s a significant difference between stating “Mr. N was unable to do any of his daily activities for 2 months due to the crash” and writing “for the first 6 weeks, Mr. M, could not tie his shoes, reach for a glass on the middle shelf, or drive for over 15 minutes without pain.” The more specific, the better.
And that’s exactly what I did. I specifically noted all the things N could not do, the ways in which his daily life, workouts, and work life, were affected. I compared and contrasted his medical notes from before the crash with those right after the crash, as well as his release notes. I showed a pattern of injury, treatment, healing, and return to normal, or as close to pre-crash normal as was possible.
My demand was not met. Those demands almost never are, or else I’ve asked for far too little. But the first offer was very reasonable and within the appropriate valuation of the case. N and I discussed this and, with his authority, I continued to negotiate with the insurance company.
Simultaneously, as I always do, I discovered, and negotiated, the medical bills, doctor’s liens, and health insurance reimbursement provisions. This allowed me to provide an actual number that N would receive tax-free. It’s a lot easier to convince a client a settlement is fair when they know not just the gross settlement amount offered, but the amount they will actually receive after all their bills are paid and all reimbursements paid back.
While it may not seem like lightning speed, I was able to resolve this case about a year after the initial crash occurred, without having to file a lawsuit.
The client is compensated fairly. The client is satisfied. The client is happy. That is the goal, after all.
Takeaways
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While all car crashes are unique, there are some common factors at play in many of them.
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Proper counseling of clients is essential for building value of cases, and that includes proper treatment and follow through.
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Understanding a client's difficulty in performing daily tasks is the most important part of evaluating damages.
Contact Chicago Personal Injury Lawyer Stephen Hoffman
As in all cases involving injury, dog bites or injuries, workers’ compensation, medical malpractice, or other injury and potential liability, if you have been hit by a vehicle immediately get medical treatment, report the crash to police and your own insurance company, and contact a lawyer with expertise in your type of case, such as bicycle accidents or pedestrians hit by cars.
If you've been in an accident and have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 944-9737. Stephen has over 30 years of legal experience and has collected millions of dollars for his clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. He is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.
Stephen handles personal injury claims on a contingency fee basis, which means you don’t pay anything up front, and he only gets paid if you do. Don’t wait another day; contact Stephen now.