Auto Insurance Claims: accident claim offer, injury claim value

Question
I was a passenger of AA in Sept.09 we were at a redlight & got rear ended. Both parties had insurance. Police arrived on the scene & took a report, immediately after the driver & I went to the emergency room, with my diagnois as muscle strain, cervical spine strain. I hired an attorney & immediately started chiro services, after that wasnt helping with 8weeks, i went to a neurosurgeon & started getting treatment with him & pain managment, I continued my therapy until my PIP ran out which was $10,000 I live in KY. My doctor released me and my total bills are now $14,300. My lawyer is trying to get me to settle quick. I still experience pain in my right shoulder, which causes me not to be able to use my right arm when it arises. My lawyer said that the insurance company ( Nationwide ) which is the at fault party has gave their final offer which is $9,500. My lawyer is pushing me to settle, but out of that money I have to pay him 33.13% and $1,070 in medical bills & the rest is my pain & suffering. Is this a fair offer?? Please help I have to make a decision.

Answer
April,

  I think you are getting a pretty fair offer.  Sure one could fight for another couple of thousand dollars, but the problem will be proving that a soft tissue injury to a shoulder can be completely attributed to a rear end accident.  Although I'm sure you know exactly what caused your injury, a jury may not see it that way, and insurance companies and attorney's alike would rather not test how a jury will view medical testimony that rely on doctors that are either hired by you or the insurance company.  My gut reaction is that the offer is fair, but I would have to see all the medical evidence and records along with the vehicle damages to make a more informed speculation.

  I hope this helps!

JP