No one can really evaluate the value of your claim without knowing the extent of your "severe pain" and the extent of your pre-existing conditions. Did you sustain more than just soft tissue injuries? What are your total medical expenses? Are you still treating? Are you also claiming future medical expenses? Do you have a claim for lost wages? What about future earning capacity?
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
The extent of your injuries will, in part, determine potential settlement value, along with many other factors (e.g., liability status, attorney reputation, third party insurance company's settlement posture, etc.). Have you begun or completed treatment? You need to retain a skilled personal injury attorney immediately, if you haven't already done so.
The "value" of any personal injury claim is extremely specific to not only the injuries suffered, but also the representation obtained. It is not clear from your question whether you have an attorney, but since you are posing this question on the internet, I guess: no. Off the bat, the insurance company will look at that and say "low ball the offer." Since you had a preexisting condition — by your explanation "no problems before accident" — you're claim is more difficult. You really, really need to talk to a personal injury attorney to fully evaluate your options. Good luck.
I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your question, only general information regarding the law. You are not my client nor am I your attorney unless we sign a retainer agreement.
Where does this $14,000 amount come from? No one can estimate the value of your claim without knowing a multitude of information about you and the accident.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 Avvo.com dealing with many of the issues you are now facing.
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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.
I agree with my colleagues. It is impossible to know the settlement value of your claim without much more information. However, without a skilled personal injury lawyer you will almost certainly not recover the full value of your claim.
You should contact a personal injury lawyer without delay. Good luck.
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