Legal Question in Personal Injury in Wisconsin

Car Accident Settlement

Car accident was the other persons fault. Filed with my insurance and the other insurance is paying all bills. They want to settle for pain & suffering at $6,500. It was a back injury with chiropractor, massage and physical therapy for over a year. It was a hard road but I am currently managing the pain in my shoulder on my own by doing daily therapy I was given. I would like to keep going for massage monthly because the injury has not gone away and I don't feel like it ever will fully, it gets so sore that I can barely stand it without it. I am able to do normal daily things but I can't do upper body exercise the way I used to and I have to be careful to sit up straight or I know I will be in a bad place again. I am concerned about what the long term effects may be as I age. I am 37 now. My questions: Is that amount reasonable for pain and suffering? What would be reasonable for massage if that is something I can get additional settlement for? The chiropractor said they would have to evaluate me again but I expect they would write a letter and the same for the PT. Not sure I would consider an attorney as I don't know we would get enough for it to be worthwhile since I have heard the back is a hard case.


Asked on 1/03/06, 11:34 pm

1 Answer from Attorneys
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Car Accident Settlement

It is difficult to fully evaluate your claim without knowing quite a bit of additional informaiton such as the amount of your past medical expenses, future medical expenses, past wage loss, possible future earning capacity loss, amount of property damage, past medical problems, if any, who your treating medical/chiropractic providers were, and if you have sustained a permanent injury from this accident, which it sounds as though you may. Also, the facts of the accident and whether there are issues on negligence and comparative negligence are important concerns. These are all factors that figure in to the value of your claim. I would suggest your speaking with an experienced personal injury attorney before deciding on settlement or retaining an attorney to represent you. Did you have health insurance that paid your medical expenses, and are they making a claim of reimbursement? My experience of 22 years makes me believe that clients generally recover more money in injury settlements with having an attorney represent them rather than trying to do it on thier own.

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Answered on 1/04/06, 8:26 am


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