Auto Insurance Claims: lifetime medical?, muscle sprain, pain and suffering

Question
My 19 year daughter was rear ended at a stop light a few weeks ago, her car was totaled with over 8,000 worth of damages. She was taken to the emergency room by ambulance with back pain, They x-rayed her and diagnosed her with muscle sprain and spasms, she was given pain shot, meds and released. She has had headaches, neck pain, back pain ever since and has been seeing a chiro. getting some relief. I want her to settle with the insurance company, but she thinks if she gets a lawyer she can get lifetime medical for her injuries, is that possible?

Answer
Hi Teri-

This might be a better question for an attorney, but I can tell you what I have learned from my personal experience and from what I have heard from attorneys over the years.  

First of all the insurance company will not settle until she signs a letter of release from further liability.  They probably won't even want to settle until she is done seeing the chiropractor.  

When my wife was injured in an accident and still treating, they did not want to settle so our only choice was to get an attorney because the 2 year statute of limitations was almost up.  

There is no hurry to settle.  The longer you wait, the better you will know the long term results.  From what I have heard a good settlement is for your medical bills and then 2.5 times your medical for pain and suffering.  I think it would be difficult to get anything beyond that in this case unless you can provide evidence of long term effects and how that may affect her income or other measurable monitary loss.  

I hope that helps.

Sheldon Maughan
Sacramento, Ca