Legal Question in Personal Injury in Alaska

MVA-lo-ball settlement - permanent Injury

3/28-00 was fully restrained pass. in stopped veh. hit by airborne out of control vehicle. Severe whiplash persists. Neck grotesque now with pain 24/7. No med treatments have relieved injury spasm/pain. Adverse claiming pre-existing fibromyalgia condition cause of prolonged pain/suffering. After 15k med bills are pd. I'll have 5k for future pain mgmt. treatments. All med providers agree injury is MVA related and probably permanent. I want enough $$ for future pain mgmt. care.Am already disabled and on Medicaid. Does not pay for treatments most useful this injury. Atty says settle. I am enraged to be so callously disregarded. If I litigate what is the jury track record such cases? Atty says will 'win' but forfeit the $$ in expenses. Can I rep. myself? His fee is 40-45%. I'm very conflicted.


Asked on 3/27/02, 5:26 am

1 Answer from Attorneys
James Wendt Law Offices of James Alan Wendt

Re: MVA-lo-ball settlement - permanent Injury

You've asked two questions.

1) What is the jury track record in MVA cases where liability is clear but injuries are soft tissue and disputed?

Answer: This varies widely but in Anchorage there have been many cases in which "soft-tissue" injuries have resulted in very low jury verdicts. My feeling is that the jury wants to actually see the injury in an x-ray, MRI etc. If they can see the injury the chance for a fair verdict is greatly enhanced.

2) Can you represent yourself?

Answer: Yes, if you don't mind having a fool for a client (no offense).

Good luck. I'm sorry I can't give more information but it would take a complete review of your case for a more detailed answer.

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Answered on 3/27/02, 2:02 pm


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