Should i get a lawyer?

[Tammy Perkinson]

What is the name of your state? WA

I got rear ended. it gave me an instant migraine. i was already being treated for migraines but they were getting much better. the adjuster told me that she would not pay any more than $1800
since i was already being treated. i now get migraines, from my neck, much more frequently. so should i get a lawyer or just settle?

 

[Thomas234]

There are numerous factors to consider, many not addressed in your post. Some general questions are, did you hit your head? Did you have any loss of consciousness? Were you transported to the ER… or follow-up with your MD, if so what were your told? How fast was the driver going when you were struck from behind?

 

[Tammy Perkinson]

We were only going about 10 or 15 mph. I didn't loose conciousnous and wasn't take to the hospital. it really wasn't that serious just re-tweeked my neck. i didn't go to my MD just my Chiropractor and he noticed a huge difference. like we had to start all over from the beginning.

 

[lwpat]

You didn't seek medical attention at the time of the accident and you have not been to a medical doctor. That is two strikes against you as far as the insurance company is concerned.

In addition you were already seeking help for the same condition. Sounds to me that you are lucky they are offering anything.

 

[Thomas234]

Well it does sound like you will have trouble with this claim due to what "lwpat" has already pointed out. However there is a concept known as the “eggshell” or “thin skull” plaintiff. What this rule holds is if you are injured by another person, even if you are prone to being injured more easily then the average person, the negligent party is still responsible. In simpler terms, this incident appears to have aggravated an already existing condition. Now, is this case worth pursuing? I would suggest that you at least get the opinion of an attorney in your area.

Another thing to consider is who is paying the bills for your chiropractor for the aggravation of your condition? Is it your health insurance? Keep in mind that in all likelihood, should you accept the $1,800 settlement, your health insurance company will seek to be reimbursed for the claims that they have paid on your behalf for services you receive as a result of these injuries from that settlement money.

Do you have any other injuries or symptoms as a result of this incident?