Soft Tissue Damage

[dedrac]

What is the name of your state? Alabama

I had an automobile accident almost 2 years ago and it has left me with soft tissue damage. I am seeing the chiropractor twice a week and have been told that this will be a part of my life from now on. I am very limited in mobility and normal activities are extremely hard for me. My lawyer said that the insurance company offered my $20,000. This isn't even going to cover all of my medical bills. What should I expect as far as the money? My lawyer says that the jury here lately in AL is rarely ruling for the plantiff in cases like mine so chances are slim to get too much more. I thought pain and suffering was included. I do not know what to do. Help!

Signed....

 

[ProResearch]

You might do well to take the $20K. For soft tissue injuries, although I do not agree that soft tissue injuries should be considered as less-- nonetheless, that is not a bad offer. My attorney-advisor said my case was worth $16-18K and I settled for $14.5K. If you trust your attorney to know about the jurisdiction pay-out for plaintiffs with this type of injuries, you might want to settle.

If you file lawsuit, you run the risk of getting far less than $20K as sometimes juries actually buy into the propaganda that their paying you will come out of their pockets in the way of higher premiums. You could also possibly get more .... a little bit at most *possibly*. Juries are unpredictable and so much depends on the county you live in, what you are like as a plaintiff (your credit, how nice looking you are, how well you dress, your presence, etc.) That also holds true for the defendant driver.

It is your choice - accept or file lawsuit and take your chances. To help, you might take a look at the following web site (Minnesota but has general guidelines):

http://www.law.umn.edu/library/tools/pathfinders/verdicts1.html

Also, if you need access, go to your public library or university law library and ask for some of the links here:

http://www.juryverdicts.com/

This is a pay site but has sample verdicts available at no charge:

http://www.verdictsearch.com/

Good "luck" to you!

 

[stephenk]

much depends on the type of treatment you are getting from the chiropractor twice a week. Of course the chiropractor wants you to continue treating with him/her for the rest of your life. But if you only have soft tissue injuries with no nerve or disc involvement, dont expect much from a jury.

Typical soft tissue injuries dont last 2 years unless there is something else going with your body.

 

[ProResearch]

Good point, defense attorney stephenk! ;-)

Worth noting too, is that in some areas, like mine, insurance companies do not hold as much *value* in going to chiropractors as they do in medical and physical therapists.

The other driver's insurance company point-blank told me, 'you didn't go to a chiropractor but went to a physical therapist, which is good and we see we did some damage to you that required this treatment' ........ all things with a grain of salt, of course, but I do believe a physical therapist is quite possibly better in this situation and may be a better negotiating point. ? ?? ???

~Diane~