Last June I was knocked off by bicycle and suffered a herniated disk as a result. I have seen a specialist and the doctor have confirmed the injury to be caused by the accident. Doc wants to operate but it is a very risky procedure and for now I have decided not to go through the surgery.
I live in constant pain which I can manage as long as I don't lift weight etc.. I am a nursery teacher therefore the pain has made work a little more difficult but as long as I am careful it is something I can deal with.
This injury is going to cause me pain for life as a fact and I worry for when I get pregnant as I know it will be hard and almost impossible to work until the end of a pregnancy.
The driver has claimed liability and we are now awaiting for the proposal of settlement by her insurer.
Would anyone have a rough idea of what would be an acceptable amount of compensation? Cheers!
How come suffering in pain for the rest of your life due to an irresponsible driver being irrelevant? I hope nothing like this happen to you but if it does you will certainly change your way if thinking.
When you have to be relocated at work because you can't carry on your job as you always did and give up going on holiday because it is impossible to sit in a car for a long drive.. is it still irrelevant that someone changes your life???
Thanks Lucy, you have clarify it a lot.
Answer by Vipassana
Acceptable amount: The cost of the medical procedures.
That's all you're actually entitled to. "Pain and suffering" is 100% subjective. I could stub my toe and claim pain and suffering for the rest of my life. Totally irrelevant.
But as far as what is entitled, just the cost of medical bills. And you may be offered a little more on top. Take it.
Answer by lucy
There is no way to determine the amount you may get.
The other drivers insurance has accepted liability and you are waiting their offer of settlement.
A lot of factors are involved. A herniated disk is painful and sometimes surgery is the best option, but many times it can do more harm than good.
I am going to state some things you may not like but is where the insurance company is coming from.
1st; they will have all of your medical records of your treatment. they may also have requested "prior" records of your health to see if this accident aggravated your injury or if you had a pre-existing condition.
2nd; you opted to not have surgery, which may or may not have been needed, so this may not be considered, since they don't pay for "future" treatment, even if say 5 years from now you decide to have the surgery since you have so much pain.
3rd; did you suffer any permanency? there is a guideline that doctors used to determine if you have a permanent injury, temporary injury or have reached what they MMI, or maximum medical improvement.
In this light, could it be proven that you will never ever do your former job and had to take the other with much less pay. You state you work in a nursery, but say you got a office job, that would be no lifting, and easier to do.
the future pregnancy will not be a factor, since this will have nothing to do with the prior accident. it is only an assumption that you may have problems in the later stages of a pregnancy.
the adjuster will review your medical records for current/prior treatment, and then determine the value of your settlement. everyone believes they will be in pain for life, i hear it in almost every injury case i received, but the adjuster has to be subjective and review the facts in front of them.
At this point, all you can do is wait for the offer. This will tell you where the adjusters "thinking" is. Now you do not have to accept this offer and can counter what you believe your injury is worth.
But say the adjuster offers $ 5K and you counter $ 25K, I guarantee you will not settle. The adjuster has a "range" they believe your injury is worth; So as the above example they offer $ 5K, they may have a maximum value of $ 6K to $ 6,500 and that is all they will be willing to settle your injury.
good luck
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Orignal From: Average compensation for a herniated disk resulted of a road accident.?
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