QuestionMy son (14yrs old) and I were hit ny a driver who failed to stop at a stop sign in a residential area. He was driving a small 2 door car and "t-boned" my car right at the drivers side door. He, even though his car was much smaller- totaled my Chrysler Pacifica.
The insurance company accepted full responsibility and has paid me a fair price for my car ($10,800).
My son and I both experienced back /neck pain and still flinch anytime a car looks as if it may not stop in a crosswalk. My son had to audition for admission to a performing arts high school two days later about 8 hours from our home. Needless to say- being sore and having to sing and dance- is not easy. He did push through and got accepted- but the pain it caused was not good.
We both went to urgent care the day after the accident. They instructed me to give him ibuprofen for pain and swelling and prescribed me flexiril.
We have been seeing the chiropractor for about 6 months now. His pain seems to be getting better- although mine has recently gotten significantly worse. I went back to urgent care- because the chiropractor is not seeming to help. I was very tired of taking 800 mg of ibuprofen - only to still have pain and an upset stomach as a side effect of the medicine. The doctor in the urgent care office said she could feel the spasms in my neck and shoulder. She prescribed a prescription strength anti inflammatory and a flexeril again. She also referred me to spine specialist. He looked at me and said that he thought I may have a slipped disc caused by the accident. He has scheduled a MRI for my next week. He said that the chiropractors xray would not have shown the slipped disc. He aslo explained this could be the cause of the continued pain that seems to not be improving with chiropractic care. My medical bills are around the $3000 at this point and my sons are a little over $2000.
I do not want to hire an attourney- unless it is absolutely necessary. Do you think I will be able to settle this myself? What do you think I should seek as fair compensation for my son? I know I should not settle my claim until all care is done.
Thanks in advance for your help!
AnswerThe value of a case is partly dependent on the venue of the case if it were to go to trial. Urban areas tend to be more liberal and judges/juries more generous than rural or conservative areas.
When we evaluate a claim, we try to estimate what a judge or jury would award it the case went to trial. We assign a range of value because this is not an exact science, and try to settle within that range.
Factors that increase your son's range of value: heavy impact, the high school tryout, and relatively inexpensive cost of chiro care.
Factors that reduce his range of value: 6 months is a really long time for chiro care for anyone, but especially a teenager. Soft tissue injuries typically heal on their own, without care, within 2-3 months even if they are serious. He may have exacerbated the healing process by being too active. Teens tend to heal soft tissue injuries much faster than adults.
I would estimate his range of value at $4,000 - $6,000 in an average venue. If the accident occurred in a liberal or conservative area, adjust accordingly. I would start asking for $8000 and see what they offer. If you can be patient and are willing to negotiate, you can get more. Their first offer will likely be within their range of value but not at the top. You want to get them to offer their top.
Regarding your claim, you are correct that you should wait and see what the orthopedic tells you.
