Medical compenstation?? 3 times the bill??

[bestmamaAL]

What is the name of your state? Alabama
I was rear ended on Oct 4, 2004. The driver hit me so hard, the force knocked the knobs off my A/C controls. My question is: Isn't the settlement supposed to be 3 times the medical bills??? And I mean the total bills, not just what the insurance has not paid?? They have made an offer for about 1/3 of what I feel I am entitled to have. Thank you for your help in this matter. I am trying to avoid getting a Lawyer because the settlement isn't going to be but about $2,500 if they pay 3 times the medical and lost sales for the week I was out of commission. They have offered around $900.

 

[seniorjudge]

What is the name of your state? Alabama
I was rear ended on Oct 4, 2004. The driver hit me so hard, the force knocked the knobs off my A/C controls. My question is: Isn't the settlement supposed to be 3 times the medical bills??? And I mean the total bills, not just what the insurance has not paid?? They have made an offer for about 1/3 of what I feel I am entitled to have. Thank you for your help in this matter. I am trying to avoid getting a Lawyer because the settlement isn't going to be but about $2,500 if they pay 3 times the medical and lost sales for the week I was out of commission. They have offered around $900.

They are liable only for your actual damages, not lost work, etc. and not punitive damages.

 

[seabass]

Cheap knobs!

No one here will give advise as to monetary value. From the little information you provide in the thread sounds to me like they are paying you for the knobs that got knocked off.

Were you injured? Did you seek medical care? These are variables that play a part in the insurance companies decision.

 

[bestmamaAL]

yes, to injuries

Alabama, What do they classify as actual damages??? Yes, i spent 5 1/2 hours in the ER and I saw my regular Doctor a week after that, I also was given 4 or 5 RX's. But I thought I heard somewhere that it was 3 times the medical costs, again, does that mean the actual cost of the medical----not the amount the insurance did not cover. And by insurance, I mean my personal health insurance not their insurance.

 

[Some Random Guy]

This magic 3X multiplier sounds like something a personal injury lawyer came up with. It has no basis in reality.

Loinel Hutz says: $10,000 in medical bills, so we sue for $30,000 and use $10K for mdeical, $10K for attorney's cut and leave you with $10K. But then of course you find out that the lawyer's expenses get added in and you only get $3K to $4K.

 

[seniorjudge]

Alabama, What do they classify as actual damages??? Yes, i spent 5 1/2 hours in the ER and I saw my regular Doctor a week after that, I also was given 4 or 5 RX's. But I thought I heard somewhere that it was 3 times the medical costs, again, does that mean the actual cost of the medical----not the amount the insurance did not cover. And by insurance, I mean my personal health insurance not their insurance.

Actual damages are damages you get bills for, e.g., medical care.

Pain and suffering and lost work, etc. are not actual damages because you do not get a bill for them.

If you are talking about personal health insurance, you file the bills with your health insurance company and hope for the best.

But no one is going to give you three times your medical bills.