Legal Question in Personal Injury in North Carolina
auto accident claim
I am a 61 year old woman who was driving 45 mph when I T-boned a car, that ran a stop light, pushing it 95 feet into a field. I was wearing a seat belt and the airbags deployed. After being transported to the ER in a neck brace and lying on a board for 3 hours, I was given a chest exray but no neck exray. When I started experiencing noticable neck, back, arm and leg muscle problems about 3 months later, I saw a chiropractor, upon recommendation, who exrayed my neck and determined I needed treatment. My medical bills have climbed to $10,000, which includes everything medical so far, but the adjustor is saying not to be surpised if they do not cover the chiropractic bills. My researsh says that there may not be any signs of distress or pain during the first weeks to months after an accident but joint damage and headaches can be noticed years later. It has been 8 months since the accident and I do not feel the same as I did before the accident and I am always experiencing some discomfort. The chiropractor, however, has given me the most relief. If I decided to close the claim now on my own, what would be a reasonable amount to expect from the insurance company? Thank you for any advice you can give.
2 Answers from Attorneys
Re: auto accident claim
As for a reasonable amount for your claim, that's difficult to determine. You are theoretically entitled to all of your medical bills (which were incurred as a result of the accident), and also any past and future pain-and-suffering (and lost earnings if any). If you have a permanent injury (e.g. neck pain or limited motion), then you would be entitled to compensation for that. Valuing these cases is very subjective, whether done by an insurance adjuster, an attorney, or by a jury. You probably need a lawyer to help you with this. If the other driver had "minimum" limits (e.g. $30,000), then that should probably be your target, but there are other complications such as "underinsured motorist" coverage, which a lawyer can help you with. As for the chiropractic treatment, that raises a complex set of issues. I believe your research is correct. I.e., sometimes an injury can take days or weeks to surface (for various reasons), and the symptoms can wax and wane over time. There is a lot of research on this. Some research suggests that these "soft tissue" injuries should resolve within a few months, but other studies show that they can sometimes result in permanent injuries. The insurance company will, however, probably make an issue out of this (e.g. the delay in chiropractic treatment, chiropractic treatment in general, and absence of neck complaints at ER). This is again where an attorney could help you.
Re: auto accident claim
North Carolina requires proof of fault, i.e., you must establish that the other driver was negligent in causing the wreck and your injuries, and you must also be free of any negligence on your part. Without knowing more details of your injuries and the liability issues, it would be impossible to give any opinion on the value of the claim. We would be happy to talk with you, free of charge, to get more information on a confidential basis, to see if we can be of help and guidance.
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