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Another car t-boned/totaled my car. I have neck pain and am getting chiro/acu/massage. Am I due pain/suffering?

Albuquerque, NM |

She made a left turn into me and her insurance accepted liability. Her insurance paid me for my car, but it was for much less than we'd hoped (it was an older Audi with no lien). As of now all my treatment is self pay/health insurance (which will be subrogated). Should I expect compensation for more than just my out of pocket? How much should I expect? I have rec'd NUMEROUS lawyer solicitations, but wonder if it's necessary to get a lawyer or if I can wait?

Attorney Answers 9

  1. I'm sorry to hear about your accident. I believe it is important that you hire an attorney. The insurance adjusters are trained to pay as little on claims as possible. They love it when a car wreck victim doesn't have an attorney. A good personal injury attorney can help you maximize case value and can help you deal with all of the issues, like subrogation and claims for pain and suffering, which you are entitled to under NM law.

    Call Clark toll free for a free consultation on your TX, NM or AZ case. 877-565-6753. Harmonson Law Firm, P.C. accepts cases throughout TX, NM and AZ. No attorney-client relationship is established by S. Clark Harmonson / Harmonson Law Firm, P.C.'s reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. Clark Harmonson / Harmonson Law Firm, P.C. is through a written fee agreement signed by S. Clark Harmonson / Harmonson Law Firm, P.C.

  2. There are literally dozens upon dozens of variables, if not more, that go into a settlement figure for injuries. Medical bills, past and future, lost wages, past and future, pain and suffering, diminution of quality of life, the list goes on and on. You will not get as much for your injuries representing yourself, it is simply too complex if you don't know what you are doing. Even procuring a causation letter and PPD at MMI from your treater can be a minefield if not done right. Yes, get a lawyer.

    This is general advice and does not establish an attorney-client relationship.

  3. Hire a personal injury attorney. There is no better option for you! That attorney will review all of your records and help you decide what kind of claims should be advanced after making a determination on any potential recovery.

    Get healthy!

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

  4. I would retain a personal injury attorney in your area. Whether you choose to use someone who solicits you is your business. Getting a referral's are another source. Yes, you are entitled to pain and suffering, past and future medical bills, etc. That is why it is best to hire an experienced personal injury attorney. You also do not have to deal with the insurance company once you retain counsel.

  5. I would definitely recommend getting an attorney. If you do not, you cannot be sure your interests will be fully protected as there is a lot involved and the insurance carrier will unlikely make you a minimal offer, without an attorney. I would not, however, recommend an attorney's office that has actively solicited you. I would your own research to find an attorney you like and trust.

  6. Time to "Lawyer Up" - sorry, but you are no match for the insurance company claims adjusters - you need professional legal assistance from a local personal injury attorney - most will offer free consultations - call an attorney ASAP

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  7. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

  8. Yes, retain a local lawyer to investigate

  9. You will get the best recovery if you retain a lawyer, but it is not necessary. The insurance company will take the accident and your claim more seriously once an attorney is involved.

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