Legal Question in Personal Injury in Georgia
Medical Claim
My husand, myself, and our real estate agent were in an auto accident, and we were hit from behind. Driver hit the vehicle very hard, but the damage of to the agent's vehicle was only $367.
As a result of the accident, my husband and I suffered neck and back pain and we have medical claims that are about $5500.
The insurance company (driver's at fault) is threatening not to pay the amount listed above.
If we take them to court for not wanting to pay, what are the chances that we would successfully win by getting payment for our medical claims? I ask because the damage to the vehicle does not truely reflect the impact of the collision.
2 Answers from Attorneys
Re: Medical Claim
Some insurance companies refer to these as "MIST" cases (minor impact soft tissue) and systematically refuse to pay more than a nominal amount in settlement. I have gotten $50,000 to $300,000 on such cases with a LOT of time and work, but am not taking new ones at this stage of my career. You need an aggressive younger lawyer who has some sophistication about the techniques that are effective with these types of cases, and eager to take them to trial. If you have that, you will do significantly better at trial than through settlement.
Re: Medical Claim
No one can tell you your chances of getting reimbursement based on a couple sentences -- especially since you don't even state there was lasting pain or a real injury (as opposed to temporary pain or discomfort). A lawyer may help you negotiate a resolution, but keep in mind the lawyer will likely request 33-40% as a fee. If you want to treat the incident as a possibly lottery win for a large sum, obviously that is another issue.
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