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  1. #1
    Join Date
    Apr 2012

    Default Attorney for Settlement or Not

    My question involves an injury that occurred in the state of: Colorado


    Other person 100% at fault
    My car totaled with 26k + damage
    Medical bills at 18k at this point
    Rental car $800
    Lost wages=none (I'm a student)

    Did not go to ER in ambulance but when we left the accident scene, my right arm was going numb so we went straight to ER. Xrays done and Dr. said I had swelling in the cervical area and said swelling was pinching nerve. Told to follow up with family care.

    Saw family care 2 days later and she ordered MRI due to numbness. MRI showed:

    1-Arthritis 2. Moderate Stenosis in cervical area 3. Bulging discs at C 5, 6, 7

    Was not able to pursue any form of therapy until cleared by spine specialist.

    Took 6 weeks to start any treatment. PT then 3x per week for 3 months, 2x per week for an additional 3 months. Acupuncture 1-2 x per week. Pain is better but activity can set it off. Example, I vacuumed house yesterday and ended up taking meds last night due to neck pain and the increased numbness and tingling in arm.

    It is now suggested I look at steroid injection and talk is of a possible surgery to relieve pressure on nerve. I want to avoid both if at all possible.

    My big question is does this case require an attorney... to be very honest, with what I've read and heard, I'm very hesitant because I do not want to have to jump through hoops to increase a claim. I just want this done and over with. Is it not a real possibility to have an adjuster just be fair? Everyone says get an attorney.. but everyone seems to be focused on money, more money... yes I think I should get money for this. I've been miserable with my arm for months. I am a Oriental medicine student and I see my own patients and it is VERY hard to insert needles into my patients when my arm goes numb and tingly and I have to adjust constantly to relive it.

    From what I've read I don't think this is any big number case so it seems to me that going from a 25k settlement to a 35k settlement (if I were even to get that!) with an attorney doesn't net me anything in the long run except jumping through an attorneys hoops. What is the point? From my lack of knowledge viewpoint, I think of myself as a strong person and I am more than capable of telling an insurance rep exactly what I've dealt with and what it has done to me--I don't need an attorney to speak for me. Is it the knowledge of what a claim similar to mine worth the reason for an attorney?? I realize this is a post based on ignorance which is exactly why I am writing... to hear from those with knowledge and expertise... please no rude answers--I am not trying to offend anyone. I'm just a person trying to figure out what to do. I just want to be fair.. I don't want myself screwed and I don't want any attorney pushing, pushing, pushing for a settlement that isn't really fair either. Sigh....

    I would also add that my partner is an orthopedic surgeon and I've always been in the medical field. I'm very knowledgeable on medical issues. I can argue things like:

    A-the arthritis didn't come from the accident.. no but I'm 42 and 98% of people over age 50 have arthritis and me having arthritis in my cervical and thoracic region would be very normal.

    B-there is no way of knowing about the stenosis and whether it was there prior or not... more likely to have been there at least to some degree prior to accident but not a done deal

    C--I have absolutely never, not a day in my life complained or had neck/back pain. I was 100% asymptomatic prior to this accident.

  2. #2
    Join Date
    Jan 2010
    New Jersey

    Default Re: Attorney for Settlement or Not

    If you want an insurance company to offer you $250 - yes, that's two hundred and fifty dollars. Then go ahead and try this yourself.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3
    Join Date
    Apr 2012

    Default Re: Attorney for Settlement or Not

    It is that exact answer that made me skeptical to even post on this forum.

    26k worth of damage to my car, 3 bulging discs, numbness and tingling daily in R arm, PT for 6 months, possible upcoming steroid injections and surgery and $250 offer... for you to even say that is the best an insurance adjuster would offer would be insulting to them.

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Attorney for Settlement or Not

    The comment was dismissive, but it's clear from your post that you have no experience working with insurance adjusters - and they will try to lowball you.

    You are free to contact the insurance company and see what they're offering. You should anticipate that they will want medical records. If you don't like the offer you can retain a lawyer. Be aware of the statute of limitations - some adjusters will draw things out and stall until your claim expires.

  5. #5
    Join Date
    Jun 2011

    Default Re: Attorney for Settlement or Not

    Your best option is to get a lawyer, plain and simple. your injury is substantial, as are your bills. never trust an adjuster and never talk to them. adjusters don't have your best interest at heart, they only have their own. if they get you to take a lowball offer they benefit, if they have to pay out large settlements they suffer. my medical bills were 60k+ and the adjuster offered 12k lawyer tells me she would advise me to settle for something in the ballpark of 112k. needless to say we've filled suit and are on phase 2 of negotiations. get a lawyer asap and get what you deserve, it won't happen otherwise.

  6. #6
    Join Date
    Apr 2012

    Default Re: Attorney for Settlement or Not

    Thank you Shawa. It is really unfortunate that you can't just use an adjustor and get something fair out of the deal. It would sure save a lot of trouble. I get the initial low ball offer but I had hoped that someone could negotiate for at least fair vrs an attorney who is going to go for the jugular. I feel forced into an attorney when all I'd be looking at is fair... of course, how do I even know what fair is without any experience...... off to an attorney it is.

    Thank you Mr. Knowitall,

    I missed your comment when I saw the one under it. You are 100% right... I have zero experience and as I mentioned.. I realized my statements and thoughts were based on ignorance which is why I was hoping for experience here. From reading posts here, what I'm realizing more and more is I can speak for myself and I can argue with the adjustor BUT I don't even know what fair is. If you told me today fair was 5k or 30k, I wouldn't know what was... so how will I be in any position to argue with the adjustor. Sometimes reality just smacks you upside the head!

    thanks again.

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