Auto Insurance Claims: auto accident settlement, cervical disk herniation, lifelong pain

Question
QUESTION: I was involved in a car accident in early 2008.  A car ran a red light and hit me on the drivers side.  I was treated by a chiropractor for a year and he finally ordered a mri at the lawyers suggestion.  It showed that I have a cervical disk herniation and a bulge.  The other parties insurance offered to settle my case for 2000.  Could I get more than that or should I just settle.  The lawyer thinks I can but this is taking so long and I am tired of waiting to see some money.

ANSWER: Hi Michelle,
You, and others with the same mindset of "SHOW ME THE MONEY" are one of the major reasons that insurance rates are so high.
Instead of trying to learn if you were truly injured, you looked
upon this situation as an opportunity to GO FOR THE MONEY.

Now you have learned that you are really injured.

So far, you have done the three worst things that a person could do following an injury from an auto accident.
1. Failed to see a REAL Doctor for diagnosis and treatment.
2. Hired an attorney in the early stages after the accident.
3. Treated solely with a Chiropractor.

All three of these items are RED FLAGS to the insurance company that you are GOING FOR THE MONEY.

Unless treated properly, a herniated and bulging cervical disc can cause lifelong pain and suffering and possibly require surgery at
some point in the future.

The fact that this injury was not discovered until ONE YEAR after
the accident is going to create a major problem in convincing the insurance company that it was caused by the accident, since so many other things could have happened in the last 12 months to cause the same type of injury.

Since you have an attorney involved, it would not be ethical of me to
try to provide advice.

Bennie

---------- FOLLOW-UP ----------

QUESTION: I only contacted the lawyer when the insurance company offered me 250 before I had even saw a doctor.  I did it to find out what my options were.  I went to the chiropractor because a friend advised me to. I trusted what the chiropractor told me because this was my first accident. This accident was not my fault and my car was a total loss and they did not help me to get another.  So I am not the reason insurance rates are so high, I am just looking for the help the should have provided since this was not my fault!!!!

Answer
Hi Michelle,
It appears that the Chiropractor just did some "feel good" massage without trying to determine the extent of your injury.
The first thing that you want to do is see a DOCTOR.  Take your MRI to him and let him try to find a way to heal your injury without surgery.
I had a similar injury 32 years ago and the Orthopedic Doctor wanted to do surgery.  I convinced my family doctor to put me in physical therapy which I attended for 2 1/2 hours  per day, 5 days per week for over 7 months.  I was able to avoid surgery and have had no problems since.

Next, you need to talk to your attorney and learn his opinion of being able to convince the insurance company (or a jury if it goes to trial) that your injury is directly related to the accident although it was not discovered until 1 year later.

It's not possible to put a value on your claim until you have finished treating and can total all your medical and economic losses.
Your attorney will be able to assist you in this.

Good Luck,
Bennie