I was in a car wreck 9 months ago. It was the other person’s fault for failing to yield at a red light and I destroyed both vehicles. I did the whole chiropractor thing and did see that my spine was not straight in the upper back. Well, my chiropractic treatment is over and my back still hurts at work, but they said I was only allowed so many visits for this type of injury. Well, I got a lawyer for all of this and they think I should settle for just under 2K because where I live the courts are conservative and I could lose money. Should I settle or go to court?
#1 by Linda R on November 20th, 2010
Quote
NEVER settle anything unless there is a stipulation stating you will accept the offer but your ‘medical’ issues will NEVER close.
#2 by Tracey Seth on November 20th, 2010
Quote
I work personal injury and frankly, I am very surprised that an attorney is telling you to settle so soon.
In my state, the statue of limitations for property damage is 1 year and the statute for bodily injury is 3 years. The only time my boss filed suit was mostly to preserve the statue if the time was running out. If it’s only been 9 months, and your state SHOULD allow a longer time for personal injury ( I’d check and find out) then there’s no way I would settle if I was still having pain.
Besides which, you should be seeing a DOCTOR, should have had an MRI and been referred to a physical therapist.
You are likely a very long way from needing to file a lawsuit if you have longer statute than a year. There’s LOTS of room for the insurance to pay what they owe….and you should be thoroughly evaluated by more than a chiro.
If my attorney was advising this, I’d find another attorney.
EDIT- Further, my state has liability requirement limits for car insurance that are 25,000 per person with 50,000 per incident. This is the lowest I have ever heard of any state having. Your state limits could well be more than this. IF the other driver was at fault and had insurance. If you are going off your insurance, then there will likely be less for medical payments.
Seriously, I’d talk to another attorney.