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Whats a reasonable settlement for a soft tissue injury due to a car accident?

Reno, NV |

Other party got cited for failure to yield. My car was deemed totalled. Went to the ER yesterday, I have a follow up appointment with an MD next wednesday. Insurance company is planning on making me a settlement offer Friday or Monday. I was diagnosed with soft tissue damages and prescribed cyclobenzap yesterday at the ER.

Attorney Answers 10


  1. It would be irresponsible for any attorney to give you a value for your claim based on the information you've provided. Several factors must be taken into consideration. If you are still treating, I can't imagine why you would entertain a settlement offer, unless it was for the at fault driver's policy limits. If you have not consulted with an attorney, you should do so as soon as possible.


  2. This response is for an accident that occurred in Nevada, only. Initially, once your case is settled, it is over FOREVER! There is no way to reopen for medical expenses later in the future. Therefore, I cannot urge you strong enough to seek the advice of an attorney right away. These types of injuries can take time to fully develop and right now your focus should be on your body and getting better - not a settlement. If you settle Friday and end up treating later in the future, they will not cover your bills or your pain and suffering. Good luck!!!


  3. You need an attorney. Now. DO NOT deal with the insurance company and DO NOT sign anything. Hiring an attorney increases the value of your case and ensures you get maximum compensation.

    Call 702-570-9000 24 hours a day, 7 days a week for a free consultation. This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an attorney if you need further assistance.


  4. As Mr. Hoffman has explained, you should at the minimum consult with an attorney to review the facts of your case and advise you accordingly. Handling your own car accident injury case will lead you to a lowered settlement as the insurance carriers will low-ball you until you give in or hire an attorney. It is a broken system. Avvo has a terrific directory of car accident lawyers, most of whom offer free consultations following motor vehicle collisions.


  5. I would encourage you to consult with a personal injury attorney who handles auto accident claims. Every time you have a conversation with the at-fault driver's insurance adjuster you could be negatively impacting your case. Additionally, in my experience many injuries that result from car crashes do not manifest for weeks or even months. Entertaining a settlement offer at this stage in your claim is probably not advisable as any settlement now will foreclose future compensation for injuries you may not yet be aware of.


  6. Your question cannot be answered in this forum. Contact a personal injury attorney in your area to help you with your issue.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in Arizona. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here


  7. No attorney can give you an answer to what your claim is worth from these facts alone. Please do not try and learn the law on your own. Consult an experienced Reno NV personal injury lawyer right away.


  8. You need to hire an attorney as soon as possible.


  9. There is absolutely no way for anyone to know the value, or even value range, of any claim to be made against the insurance company at this time. There are several factors that go into the value of a claim. First, you have to look to what items of damage the victim suffers as a result of an accident. Those can include: medical specials (past and future), pain and suffering (past and future), and lost income (past and future). You can find more information on this topic on my partner, Allen Cap's, blog at http://vegaspersonalinjurylawblog.com/blog/2009/01/how-much-is-your-personal-injury-auto-accident-claim-worth/

    The insurance company wants you to accept a minimal cash settlement now and as previously noted, sign away your right to seek compensation for additional damages currently unknown to you. Do NOT do this.

    Soft tissue damages can require extensive medical care and still leave the victim with life long pain and extended need for periodic care.

    There are many fine personal injury lawyers in the Reno area who can guide you through the process and ensure you get appropriate care for the injuries caused by the other driver's negligence before making a demand for those injuries and damages.

    Hope this helps.

    /s Donald Kudler
    Cap & Kudler

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.


  10. The responses you have received so far are spot on. Too often people who have been injured in a car crash believe that they can handle their claim on their own. No one can tell you the value of your claim in this type of forum and never trust the anecdotal advice from a non-lawyer who remembers "what my uncle Bob got for his claim". At a minimum, you should seek a free consultation with an experienced personal injury attorney who practices in the area where you were injured

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