Legal Question in Personal Injury in Oregon
Fair neck injury settlement
I was in an accident where I was heading straight and the driver turned into me. I had physical therapy for a little over a month. X-rays showed there was no surgery needed. The doctor said that neck muscles will not be as strong as they were before and this is common. Medical bill were a 1,000+. Insurance company said $2000 settlement, and $1000 for bills. When I said that I didn't think it was fair she said the most was $2,200 plus $1000 for bills. Is this fair? What is the fair range?
2 Answers from Attorneys
Re: Fair neck injury settlement
An injury settlement is based on a predicted jury verdict if the case went to court. This amount is agreed upon by the insurance adjuster and the injured party, often via an attorney's help. The amount varies from case to case, depending on who the person who was injured is and how injured they were. Some people claim there are simple formulas to determine a settlement amount, but I feel this is not the case. I feel an interview with a person, to find out what kind of witness they potentially would make in a trial, and a detailed examination of the medical records reltaing to the accident is needed.
Re: Fair neck injury settlement
You need to consult a personal injury lawyer right away. Injuries to the neck can be very serious, as they can involve the spine. You may not even feel the harm for a long time.
You should not be signing "settlements" with the insurance company, as that can destroy your legal right to be compensated fairly for your injury.
I do not handle personal injury cases, but I have in the past referred people to the Kafoury law firm (503-224-2647) and have heard no complaints.
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