What is the name of your state?(Oklahoma)
I was rear-ended on 12/28/05 by a 17 year old with no license, who was arrested on-scene for DUI.
The vehicle (a Dodge Ram) was insured in his father's name, through Farmer's Insurance.
My one year old daughter, myself, and my fiancé were all in my car, a 1990 Buick Century (which seemed a lot safer before it was crunched).
My daughter was in the back seat, and mercifully is fine, though both my fiancé and myself were injured, though we didn't realize it until later, when the adrenaline had worn off.
My fiancé was diagnosed in the ER with cervical sprain (aka whiplash). The ER was less than useful for me, since the same doctor did a cursory exam on both myself and my daughter (whom I took to be on the safe side) inside of ten minutes, forgot to even give me my prescriptions (said I'd have to be seen again), and dismissed me as if I was a hypochondriac, not someone who'd been in a car accident.
I went to a chiropractor to get the x-rays the ER refused to do, was examined head to toe (including a test to measure the feeling in all extremities), and was told I have severe whiplash, a slightly torn muscle in my neck, a sprained back, and that my spine was twisted almost a full inch to the left because the muscles in my back flared to protect my spine on impact, and one side flared more than the other.
I've since been referred to a neurologist for MRI because of tingling in my fingers, inability to sleep, and recurrent headaches and nausea, and am probably going to have a heart attack and expire on the spot once I see my medical bills.
Sorry for the long-windedness, but I felt there should be some context with my question, which is:
What is reasonable for me to ask for and expect to receive for pain and suffering?
I don't want to sue someone for all they're worth, or take anyone to the cleaners, but I don't want to be a doormat, either, and I know that the insurance company is going to try to wiggle out of paying much of anything.
My car is totalled, and even if they said it was fixable, my daughter would be in the back seat, in a car seat, of a car that had been seriously compromised by an accident. I can't stand the thought of putting her back into that car-fixable or not.
By the same token, I've only had that car since March of 2005. It was given to me by my grandmother, who just passed away in October of 2005. The car was named after her, and was the only tangible thing I have left of her.
So, what I'm asking is this: What should I ask for, considering my pain and suffering (not to mention the sheer blind terror of my only child screaming in the back seat, and not being able to open the rear doors to get her out), a week (and counting) with no pain medication or muscle relaxers, unable to sleep, hold my baby, or even bend over, and a week (and counting) of missed work because I'm unable to drive due to pain (and the fact that three people are now sharing one vehicle)?
I don't want to screw anyone over, but I don't trust the insurance company to act in my best interests, and I don't know my lawyer well enough to predict whether he'll settle to get a guaranteed amount, or pursue what I'm entitled to.
Any advice is much appreciated.
