Legal Question in Personal Injury in Maine

Neck Injury from MVA

I was in an MVA about a week ago, and have experienced extreme limited mobility of my neck from the injury. The X-rays were fine, but my neck is VERY sore, and am starting to experience more back pain than usual. What is a USUAL accepted and FAIR settlement for such an injury? I know that a neckinjury has long-lasting effects, so I need to keep this is mind when considering the punitive damages as well. PLEASE HELP!


Asked on 7/23/07, 10:19 pm

2 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Neck Injury from MVA

If the x-rays do not show any broken or displaced vertabrae then you likely have soft tissue injuries, possible whiplash cervical sprain/strain, particularly if you were hit from behind. You will need time to rest and it is essential to do exactly what the doctor says and be aggressive about being seen for follow up. You may need to do some physical therapy. I know multiple excellent therapists and can recommend one if you want.

Regarding damages, it is impossible to say at this point what the dollar value may be. That will be determined by how quickly you heal, if you have any permanent effects and the amount of medical bills incurred to treat you. Also lost wages are a factor. However, it is highly unlikely that punitive damages would come into play. The law only allows punitive damages to "punish" someone who did something intentionally wrong (almost like a crime) as opposed to someone who was just very very careless and hit you with their car.

Be careful about talking with any insurance adjustors at this point. If you had an attorney that person who probably tell you to not talk to insurers at all.

Feel free to call me if you have any more questions, it does not matter to me where you live in the State. I hope this information will help-

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Answered on 7/24/07, 8:11 am
David Marchese Drummond & Drummond, LLP

Re: Neck Injury from MVA

Thank you for your inquiry. Since it appears that you have already received the advice of Attorney Gamache, I won't repeat the good advise that he shared. However, the most important aspect of your case is that you diligently pursue appropriate medical care. Typically, cases are not ready for settlement evaluation or discussion with the insurance company until the injured party has recovered to a point of maximum medical improvement. This has a special definition under medical guidelines.

Since you are clearly looking for an amount of money to demand right now, it appears that you may not wish to retain an attorney. Many injured parties believe that they can recover more money for themselves if they exclude an attorney from the process. My only comment in that regard is that I do not take cases unless I feel confident that I can put more money in my client's pocket than they could do without my assistance. If your case has any real value, then my legal fee portion of the settlement funds will not reduce what you may get without an attorney....you get the benefit of my significant experience, and I do all the work. Insurance companies do not negotiate the same way with attorneys as they do with people who don't have attorneys. The companies know that the attorneys have an idea of value and how to maximum it, as well as how to bring suit if negotiations are unreasonable. I would be happy to discuss your case further. However, you need to obtain follow up medical advice to determine the extent of your injury and whether you need further treatment. Good luck!

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Answered on 7/24/07, 10:43 am


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