Reasonable settlement for being hit from behind.

Asked over 4 years ago - Covington, LA

I was rear ended by a delivery truck, $10,00 damage to my vehicle and I had whiplash and back spasms. Is $900.00 sufficient settlement? I still have occasional spasms, and the responsible party is not willing to make a guarantee of future medical problems being taken care of. Should I hire a lawyer?

Attorney answers (3)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . Yes, you should hire an attorney. Two reasons: most personal injury attorneys will give you an initial consultation without charge, and also, the insurance industry's own statistics indicate that once an attorney is involved, the value of any claim at least doubles.

    The evaluation of any claim depends on a number of factors and so no experienced injury attorney can give you an evaluation based on the info in your question. Evaluation factors include your diagnosis, length and extent of disability, permanency, medical bills, lost wages, all of which must be directly related to the accident not by inference but confirmed in writing to a reasonable degree of medical certianty.

    Don't fiddle around with doing it yourself, retain an experienced attorney.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Daniel Malis

    Contributor Level 12

    Answered . Attorney Myers and I keep agreeing, and this issue keeps popping up. I will advise you that the added value that an attorney brings to analyzing your case; presenting your damages in the best possible light; bringing the appropriate records to the insurer's attention; securing experts who will buttress your claim; and fending off misplaced and deceptive arguments from defendants and insurers more than pays for the attorney's contingent fees. I wish I were licensed in Louisiana, because I'd have you come into my office right away to represent you! However, having litigated some cases there, I can tell you that there are plenty of skilled, competent personal injury specialists in your state that can help you win a fair settlement from the insurer.

    Given the facts you've presented, you should see a lawyer as soon as you can.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Assuming your incident occurred in the state of Louisiana, I suggest that you contact a personal injury attorney immediately. I believe Louisiana has one of the shortest statutes of limitations for personal injury claims in the country. If you let that statute go by, you will be entirely out of luck in getting any compensation from the adverse party.

    There is no way that any attorneys here on Avvo.com can advise you if the settlement being offered is fair and reasonable. There are too many variables to attempt to gauge a fair value of any claim you may have.

    You should arrange a free consultation appointment with a local personal injury attorney to see whether or not the attorney is in a position to undertake your representation. In the interim, you should not give any statement to the adverse insurance carrier nor grant them access to your medical records. You also should photograph damage to your vehicle as well as your visible injuries.

    Do Not Delay in Seeking Counsel.

    Legal Disclaimer:

    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 insure proper advice is received.

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