Insurance Company Delay In Settling

[mylo26]

board

5 1/2 years ago I was injured at a Target store in Florida. An access panel in the food avenue fell on my leg while I was ordering my meal. An accident report was filled out and I went to the ER. After several months visiting doctor after doctor with the pain getting more severe, I was diagnosed with Reflex Sympathetic Dystrophy also known as Complex Regional Pain Syndrome. I have had continuous medical care to try and control my pain. I see a psychologist and a phyciatrist. I had to resign from my job due to my condition. The defense seems to be dragging everything out. A mediation was scheduled for July but was rescheduled for December because the defense failed to include the insurance rep in on the July date. We since made a proposed settlement offer which went unanswered. I guess my question would be: Is this normal for the defense to NOT want to settle and to drag things out as long as they can? Are they wanting to take soooooo long to try to get me in a desperate situation where I will just take whatever they do offer? Thanks for your time. I am attaching a photo of the board that fell

[Huntly]

Hi Theresa, You hit on the main reason for delay: the insurance companies know that they can do better in getting a lower settlement if they can screw the victims by delaying and getting them in what you called "a desperate situation".  But there is another reason in your case.  Your type of injury is complex in origin and also in diagnosis and prognosis.  Hard to prove sometimes since there can be other factors involved.  Hard to say what will happen in the future with CRPS since it is such a mysterious disease.  http://en.wikipedia.org/wiki/Complex_regional_pain_syndrome

My experience is that one has to work with the company as best you can.  Patience is required.  The adjuster will have her hands full trying to get any settlement authority near to what you will want in an award.  Also, meditation is NOT for automatic settling of claims.  So your attorney cannot really force the other side to that table.  They must be convinced that it is in their best interests to compromise instead of taking a risk that you could win big.  

Right now they are trying to get a handle on CRPS and how to deal with it.  Since that is something new for them(I only had ONE instance in 28 years of plaintiff's trial work), they will be conservative in their approach.  Hence, be prepared to offer more evidence to support the claim, INCLUDING appropriate narrative reports.  

Because of the serious long term consequences of your injuries, I would also CONSIDER USING A DOCTOR'S NARRATIVE REPORT to assist in settling the insurance claims.

Cryptic notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries?  A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured. Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.

We recommend that claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.

We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm  You can get information there as to how to ask for a narrative letter and what it might cost.  Talk to the doctor's office manager about it.

Since you would not be asking for a narrative report until much later after you have healed, make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through.  Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm

I would also ask your attorney about getting some witness statements under oath before the mediation.  Sure, they will not count the same as testimony given at a defense deposition.  But they surely DO count for something when he can throw them out on the table during mediation.  

That is about it for now, Theresa.  I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes, Dr. Settlement, J.D.(Juris Doctor) http://www.SettlementCentral.Com