QuestionOn jan 4th 2013 we were rear ended on the intestate by a State Farm Ins holder. It was myself, my husband and our three kids. Myself and 2 of our kids were taken to the ER. My son 8yr was checked over and discharged. My daughter 15yr was xrayed and treated for "neck sprain and strain". I was xrayed and had an CT scan and was treated for "thoracic sprain and strain, lumbar
Sprain and strain, neck sprain and strain". My husband did not get seen at that time. He stayed with the car and filled out info with the officer. Since the accident my back still hurts so I have started seeing a chiropractor. My husbands soreness has not gotten any better so he has an apt with the chiropractor feb 18. Will we have any issues with them paying his medical bills since its been so long? My daughter 15yr is pretty much ok. We do not have a lawyer and are wondering if we need one. State Farm has already paid the ER bills, I am wondering now what is to come. Do I put in a claim for pain and suffering? Do I get pain and suffering for the daughter 10yrs that didn't go to the ER, it just scared her? Any tips or advice you can give would be greatly appreciated. Thank you for your time.
Answer Hello Geannie,
This is every adjuster's worst nightmare. An entire family - including kids - hurt!
Expect that the carrier will attempt to settle this as quickly as possible. You might expect a "cashout" for time lost and incidental costs. In return, you agree to relinquish your rights to all future claims.
If there is any chance that anyone in your family could suffer from injuries more permanent than short term aches and sprains, I strongly suggest you need the advice of a competent personal injury attorney. You don't want to discover months from now that someone really does have permanent injury and you have signed away your rights to a legitimate bodily injury settlement.
If you don't want to go the lawyer route, do not rush to settle on your own. Give it time. And, if you do settle on your own, understand that the settlement(s) will be less than what you could receive under the guidance of an attorney. With an attorney, of course, you would have to pay a percentage, probably around 30%. And there may be limited coverage on the responsible driver's policy that could limit your recovery. Unless you have Uninsured or Underinsured coverage, you could end up on the short end if there are legitimate permanent injuries.
There are many things to determine. Don't rush it. Assess the injuries and then determine if you need legal advice.
Sorry for you loss. Hope this helps.
Jane Pytel
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