Whiplash Injury compensation

[davestoli]

I live in Washington state and I was rear ended turning a corner. The other driver was at fault and was cited for following to close. Damage to my van was 1500 dollars. Medical for myself is at 10,800. It is all for chiropractic care 5 months worth. My wife and 2 toddler sons were also in the Van. Wife also was injured and is currently taking chiropractic treatment.
The insurance adjuster has offered to settle the claim for myself. He is offering to pay all bills and give me 2500 dollars above the expenses.
My questions are 1. Do you ever heal from a whiplash injury and what is the percentage that you may have a reoccurance. 2. Is this a fair offer. 3. Should I ask for something for the children who can't or did not complain about any pain. They are 2 and 4 years old.

Thank you for your service.
Dave

 

[seniorjudge]

What does your doctor say about the injury?

 

[calalily]

If you agree and still need treatment they won't pay for any other treatment unless it is written in the agreement to do so. i wouldn't sign anything unless they agree to pay for future treatment related to the whiplash injury. Why not consult with a lawyer? Some will do a consult for free for personal injury. The case may take longer to settle but then maybe someone would be looking out for you and your wife. If your kids were in pain they would let you know by crying and not sleeping or in some kind of way. So it would look greedy to try and claim for them when nothing appears wrong. Were they seen by a doctor after the crash?

 

[davestoli]

The Chiropractor that I was seeing wanted me to keep going once a week. It had been two weeks without any pain so I quit going. I feel like the doctor would have me there indefinately. They seem to base the appointments on the injureds own feelings. The thermal scans I would have were showing great improvement though. I still am feeling fine now.

 

[davestoli]

If you agree and still need treatment they won't pay for any other treatment unless it is written in the agreement to do so. i wouldn't sign anything unless they agree to pay for future treatment related to the whiplash injury. Why not consult with a lawyer? Some will do a consult for free for personal injury. The case may take longer to settle but then maybe someone would be looking out for you and your wife. If your kids were in pain they would let you know by crying and not sleeping or in some kind of way. So it would look greedy to try and claim for them when nothing appears wrong. Were they seen by a doctor after the crash?

I have read in different web sites that insurance companies have a rating for compensation in these matters. The info I have read says something to the effect of 2 to 4times the medical and other expenses. is there any truth to this. Thanks again

 

[seniorjudge]

Let me rephrase the question: Do you have a medical doctor's opinion that you have suffered permanent and serious injuries?

 

[davestoli]

No diagnosis of permanent injuries

 

[seniorjudge]

No diagnosis of permanent injuries

No damages, no case.

 

[calalily]

I don't believe you need permanent injuries for a case...just won't be able to sue for future doctor care payments. You may be entitled to pain and suffering for the time you were being seen by the doctor. Did you miss any work and lose money because of it? If you had sick leave and used it that would not count. You would have to prove that you lost money due to not working caused by the injury. Did the settlement include anything for the what I mentioned above?

 

[RobTaormina]

A Chiropractor's opinion carries little weight compared to that of a Medical Doctor. It is in you and your families best interest to call upon the services of a Personal Injury lawyer. You should not have to pay anything upfront for a PI attorney and most give FREE initial consultations. Since the initial consulation is FREE you would be no worse off then you are now. I am sure there are plenty of great PI attorneys in your area. You are welcome to contact me through this site if you need a recommendation....BUT DEF. CONTACT A LAWYER!