Injured Neck From A Car Accident

[Wethrby]

Hello.  I was rear ended while I was completely stopped.  I am in the end stages of the claim. I was evaluated to have a 15% loss in my neck from a chiropractor, my lawyer said that was huge.  I feel that, believe me.  My lawyer proposed an amount and the insurance laughed at that and came back at us with a very small settlement.  I refused and I now have to see my lawyer and sign something and write something that states how it has impacted my life. My concern is that I don't know how to express that professionally to persuade them.  I'm nervous but want to get compensated for this lifelong injury.  Please help!  I am only little me and feel intimidated by a company that doesn't care!

[Bimal]

Tara,

You and your attorney are in the best position to evaluate the value of your case.  It is generally based upon the type of impact, severity of injury, type of treatment, length of treatment and residual or permanent injuries.  I suggest your attorney hire an orthopedic surgeon to conduct an independent examination to determine your current situation and permanency pursuant to the AMA Guidelines.

Insurance carriers make business decisions based on how juries generally react to certain injuries.  You, on the other hand, make decisions based on your individual situation.  Of course, the insurance carriers have the money which you desire to bring you back into the pre-accident condition.

I suggest you have a lengthy discussion with your attorney and suggest the independent orthopedic examination.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.