Legal Question in Personal Injury in California

Offered Settlement for Soft Tissue Accident...Can I get More?

I was rear ended.

As a result, my car is totaled and I have some ''soft tissue injuries.'' Pains in my back, and neck. Additionally, headaches and 2 dizzy spells. I went to my doctor two days later and reported what happened and he told me to take some Ibuprofine.

The insurance claims representative from the negligent driver admitted that we would probably be given a settlement amount next week. When inquiring about the amount she said $300 and any medical bills.

Is this a reasonable amount? How do I know I'm getting what I deserve?

Thanks


Asked on 12/24/04, 6:13 pm

4 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Offered Settlement for Soft Tissue Accident...Can I get More?

An insurance company will not give you the full value of your case. Furthermore, you should not settle unless you are sure your injuries have been fully taken care of.

I suggest you give me a call at 818-427-6246 if you are in the Southern California area and I will give you a free consultation.

Norm

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Answered on 12/27/04, 10:21 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Re: Offered Settlement for Soft Tissue Accident...Can I get More?

Generally speaking, liability carriers in cases like yours do not offer unrepresented parties the true value of their claims. The full value of your claims should be evaluated on the basis of the true, nature extent and scope of your damages.

The amount of your medical bills, loss of wages, length of treatment, type of treatment, pain and suffereing, etc. should all be taken into consideration in evaluating settlement value.

If you would like to discuss your matter, please conact me for free consultation

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Answered on 12/27/04, 2:20 pm

Re: Offered Settlement for Soft Tissue Accident...Can I get More?

Given that this is a rear end collision liability is probably not an issue.

The costs of your medical bills multiplied by a number from 1 to 5 depending upon the severity of the injury and the manner in which it was caused.

Also any lost wages, physical property damage, and your car damage should all be compensated.

300 dollars hardly sounds fair for the vehicle. i would be thinking of demanding at least the fair market value of the vehicle.

You cannot really negotiate the medical portion of this claim until you have been released from the doctor and are feeling better because once you agree you sign a release from any further liability.

i would talk to an attorney in your area. Good luck to you.

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Answered on 12/27/04, 3:41 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Offered Settlement for Soft Tissue Accident...Can I get More?

You need an attorney. Period, do not pass go. Don't agree to anything, and don't sign anything. You may contact me.

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Answered on 12/27/04, 8:25 pm


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