QUESTION
Should I take the offer for the whiplash injury?
Asked on Sep 24th, 2013 on Personal Injury - Missouri
More details to this question:
Rear-ender at 45 mph and pushed into car in front. Car was totaled and farmers paid for vehicle. Sustained Whiplash - had 6 weeks of physical therapy. Medical bills are $5698.00. Farmers had made final offer inclusive of liens of $7800.00. Should I take?
10 ANSWERS
James Eugene Hasser
Case values vary widely from case to case and place to place. Experienced personal injury lawyers have the ability to advise.
Answered on Sep 26th, 2013 at 10:31 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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It is a dice roll. Insurance companies commonly pay 1000 to 2000 above medical bills in soft tissue cases. juries don't give much in soft tissue cases negotiate the best figure you can and quit.
Answered on Sep 26th, 2013 at 5:28 AM
Personal Injury Attorney serving Bellevue, WA
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Rubinstein Law Offices
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The main question that you may want to ask is, "What choice do I have?" You don't really have any leverage without legal representation. Any attorney, including myself, will tell you that your case is probably worth more than you are being offered.
Answered on Sep 26th, 2013 at 4:01 AM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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No sue instead.
Answered on Sep 26th, 2013 at 3:03 AM
1 Award
No. Don't take the offer. Your claim is worth more than what they are offering you. I think you should hire a lawyer to get you the real value of your claim. Otherwise, Farmers will not treat you fairly.
Answered on Sep 26th, 2013 at 2:57 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on whether you are now pain free. If not, do not settle. Wait at least 8 months from accident to see if injury resolves. If it does not then you may have a permanent injury, which puts this in a whole different category. If the injury has completely healed, best to get what you can. Counteroffer 12,000.00, see what they say. Try to get them as high as you can.
Answered on Sep 26th, 2013 at 2:55 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you really are in Michigan, it is your auto insurer that should have paid your medical bills, not the insurer for the other vehicle. The other vehicles insurer pays for you pain and suffering but only if you suffered a serious impairment of a body function. Whiplash with a limited period of pain/disability is usually not found to be a serious impairment and any offer on such a case would be surprising. Your best action, in my judgment, would be to seek a free consultation with a local Michigan lawyer that regularly handles auto no fault/negligence cases for an opinion.
Answered on Sep 25th, 2013 at 12:01 PM
Thomas Edward Gates
No. You want money for all liens from the medical bills, then you want money for your pain and suffering and any future discomfort you most definitely will experience in the future. Ask for $25,000, settle at $18,000.
Answered on Sep 25th, 2013 at 11:58 AM
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This forum is really designed for general questions and not fact specific inquiries about case values. There are way too many variables involved for any type of accurate estimate based on a paragraph submission. Lawyers review medical records, bills, life expectancy, other similar cases, the facts of the occurrence, the permanency involved, disability, medication records related to the occurrence, statements of witnesses and/or parties, whether there were tickets issued and admissions made in the traffic case, the insurance company involved in evaluating a claim's value.
Answered on Sep 25th, 2013 at 11:46 AM
School Law Attorney serving St. Louis, MO
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The Law Offices of Mark J. Dean
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There is not information to assess, but if you are proceeding without an attorney, please reconsider. The insurance company is in business to make money and they do so by lowballing unrepresented claimants because they know there is no way the case could possibly proceed to a jury (and possible high exposure). Many personal injury attorneys will only take a contingency if you are ensured of doing better than what the insurance company offered you on your own. You are highly likely to do much better with an attorney. I urge you to consult with a local personal injury attorney.
Answered on Sep 25th, 2013 at 11:39 AM