Legal Question & Answer: Reasonable Settlement For Neck Injury?
October 16, 2010
Legal Question: I was in a an auto accident caused by a another party. The insurance company has repaired my car and offered to pay my medical expenses. Around $3000 for chiropractic treatment on my neck. I have been released from treatment and given a 100% recovery rating by the Dr. My neck still pops and is painful from time to time. They have offered a settlement which amounts to $2000 after medical and attorneys fees. Am I missing something or is this a ridiculous offer? My attorney has advised me to take it. I guess I’m looking for a second opinion. Any input would be appreciated.
Personal Injury Answer: The problem with soft tissue injuries is that they are very hard to prove–even if fault can easily be established, the doctor’s opinion and treatment is almost entirely based on what you have said to the doctor. Although the doctors based on experience can notice involuntary muscle spasm which cause pain, there is no objective tests or machines that can measure pain independent of what you claim.