If you are still hurting then go back for treatment. As far as a dollar value goes, without reviewing your medical records no one here can give you a concrete answer.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
First, you should not settle your case if your neck still hurts. You need to be sure there is nothing more than a mild whiplash. If you have a family doctor you might want to go there for an evaluation. If there is concern, the doctor will refer you to a neurologist or orthopedic doctor. If all you really do have is a mild whiplash type injury with $735 in meds the insurance adjust will likely offer no more than about $1500.00 for the injury, including medicals. Again, I would not settle until the pain goes away.
Fred Berkemer 274-6700
If you are continuing to experience pain and discomfort as a result of the accident, then seek further medical care. Without access to your medical records, a definitive answer cannot be provided in regards to the dollar amount that could be awarded. You should contact a local attorney.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Consult with a personal injury attorney in your area. Consultations will probably be free. As other attorneys have mentioned, don't settle a case if you are still injured. Go to a doctor to gain a better understanding of your injury and whether further treatment is needed. There is no set formula for a settlement, as every accident victims' damages will be unique to them. There are many factors that should be considered to determine what a case is worth. But, there is no way to place a reasonable value on a case until all of your injuries are known. That information comes from medical providers.
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I agree with the other lawyers who have suggested not to settle your claim until you can determine what is causing the pain in your neck. Not to alarm you, but there is at least a possibility that you have suffered something more significant than a simple soft tissue injury or whiplash. I would suggest that you see your primary care doctor and have him or her refer you to an orthopedic specialist or neurosurgeon who can order an MRI or more advanced imaging study of her cervical spine. Most emergency departments are not equipped to make a definitive diagnosis and are only required by EMTALA to make sure a patient is medically stable before discharge. The x-rays alone taken at an emergency room usually will not reveal if you have suffered a disc herniation or similar injury because they only show whether you have bone fractures.
The insurance company for the driver who hit you will try to dissuade you from seeking further medical treatment and will pressure you into early settlement - and this would prohibit you from getting future treatment. Please go see a medical doctor. I have respect for the relief chiropractors can provide, but I still would suggest you see a medical doctor as well. The insurance company will want documentation from a medical doctor.
Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for specific legal advice. This answer does not establish an attorney-client relationship.
Never try to resolve a car accident case without a lawyer or you will either get #1. no money or #2. a nuisance settlement. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
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. The Guides can be accessed through my profile page on Avvo.com.
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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.
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