~injured in auto accident

[gillis]

My jurisdiction is: NC

I was injured in an auto accident a few years ago. It was the other guys fault. My case isn't settled yet. We did not go to court. We just recently settled on an amount. I have several dislocated disks in my neck and back. The other insurance company is trying to say that my back possibly isn't related to the accident. I know that it has to be because I never had back problems before the accident and never have been to a doctor or hospital for it. Both my neck and back disks are pinching nerves causing my hand, arm and leg and foot to go numb at times. It is hard for me to work because of this and it is hard to stand for any period of time or sit for any period of time. Plus writing and typing for any period of time hurts. I usually have my son to help me with something as simple as writing a grocery list because of this. It is the ulnar nerve that runs from where my neck is injured down my arm to my hand. I get constant headaches from it up the back of my neck. By the time the attorney gets his share of my money and the insurance that I have (medicaid) gets their share, I will only have about 9 or $10,000 left. I will be in pain for the rest of my life, taking medication and still going to therapy etc., and not able to do the things that I use to do before the accident. The other insurance company has written a check out but I have not receive it yet from my attorney. I told him I was not happy with the amount and he feels that it is an fair amount. Should I risk taking it to court? What is a fair amount to settle on? I just don't feel that amount is enough for pain and suffering that I will have for the rest of my life because of the other guys negligence. Also if the check has been written and the lawyer still has it, can I have it revoked and ask for more? Or is it too late? Thanks!

 

[martinthompson]

Hi Gillis!
Really sorry to hear about the unfortunate incident that you had to go through. I would suggest you to consult another expert who could help you sail through your situation. I seek legal help from the attorneys of Cellinoandbarnes who have several years of experience in dealing with intricacies of accident cases. Hope you find help here.
Let me know, if my suggestion helped you.

 

[tpajet]

I would contact another attorney that has the free consultation and see what they say.

With going to court, the quesition is what medical records do you have to show your injury? That's going to be a big part of this.

 

[jamrhein]

How much of an award you receive is directly proportional to the findings of medical records. If you had only X-rays done, for instance, of which are not an accurate way of determining the extent of neck and back injuries, then you weren't properly diagnosed, and this would disproportionately reflect a much lower settlement.
If you haven't cashed the check, then you should still be able to refuse the unfair settlement, as long as your lawyer hasn't submitted a "Release of Liability form" relative to the proposed settlement.
Part of the problem may be that your lawyer does not specialize in Personal Injury Cases, even though they may take on a limited number of these type of cases, and you should consult a lawyer who pretty much only does Personal Injury cases.
Furthur diagnosis and treatment should help you get a higher settlement, when doctor's find out that your ailment is continuing.
Maximum Medical Improvement MMI), is the term relative to the idea that your condition will not improve with furthur treatment even though you may have a condition which could last for several years, and once you reach the MMI, then your case is ready to settle.
If however your present medical records do not indicate any MMI, then furthur diagnosis and treatment is probably what's needed before you settle, so you can prove more damages, and hence a much higher settlement.
an MRI would probably determine whether you've reached the MMI, as MRI's are much more accurate in determining the extent of neck/back injuries, and with your symptoms of tingling and numbness indicates nerve damage, of which with the extent of your injury, one should already have been done.
Even if you choose to find another lawyer to get a much higher settlement that you deserve, you can still collect lost wages before the case settles, which can add up to thousands of dollars.