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I have a problem. I was in an auto accident 10-1-99. A car with two senior citizens (in their 70's) turned in front of me, not my fault. I was pregnant at the time about 7 months. I went to my OBGYN that day to have test done. No damage was done to my child, but I suffered back and neck pain. A chiropractor treated me until January, when I had to have him release me because I couldn't be treated because of my small children at home. My lawyer was asking for $7,500 in medical damages, and they have counter offered with 2,500. Does that sound right????? What should I do???? What ball park figure would you say???? There was about $1,500 worth of medical bills, and $1,500 of damage done to my car. Theirs was totalled. Please reply ASAP!!!!!!!!!!!

[This message has been edited by michelewis (edited May 18, 2000).]



First, let me say that you shold be using an attorney that you trust and should have asked his opinion of the offer. As for the current cost of yor medical bills verses the offered settlement - your attorney can negotiate a lower payment to the chiropractor, thus lowering the amoutn of medical bills you owe. As for the amoutn offered, only you can decide if that is acceptable - but try to have the med bills reduced beforehand.


What I am wondering is am I execting too much or should I just accept the $2,500 they are ofering me. My laywer's sec. acts like I should, I really don't want to go to court but I will. What should I expect if I do have to go to court about this??? Moneywise and will it get ugly??????


I have to agree with JD's advise to you. Basically, we are telling you for your own good that you should be asking these questions to your attorney. Not his secretary, but to him personally. Make an appointment and see him face-to-face. You are his client and you have a right to such a meeting.

No attorney can possibly tell you whether this is a good settlement offer. We would all have to personally review your entire case file before in good faith making a valid opinion.

Generally speaking, years ago in California it used to be pretty easy to obtain 2 to 3 times the medical damages as a settlement amount. Presently it is a fight to get 1.5 to 2 times the medical damages.

If you go to trail to get a larger amount, yes it will definitely be a potentially nasty event. Trials are generally very draining on your time, emotions, and money for trial costs. More importantly, you can never predict the outcome of trials.

Thus, you need to be developing a strong rapport and trust with your attorney, just in case you do have to go to trial.

Mark B. Replogle

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