Home > Research Legal Advice > Car / Auto Accident > I was involved in a car acc.. not my fault. Car damage 975.00 My medica...
Asked 5 months ago - Columbus, OH
FlagIt was the other driversfault. He rear ended my car. Had to go to ER, x rays, Went for 4 visits to chiropractor with tens unit applied. mild whiplash. Have not been to chiropractor for 2 months but neck still hurts.
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
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.
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.
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.
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.
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