Negotiating soft tissue personal injury after being in rear-ended collision.

My dad and I were rear ended by another vehicle while sitting still. I was sent by ambulance where I sustained a "whiplash" I followed up with my family physician and was sent for MRI and was told that it was whiplash and not much could be done and that it would eventually get better and was written medication.

It has now been nine months and I still have pain in my neck. My medical bills totaled $6,000 and the insurance company has offered me $7,700.00 which I declined. I countered with $20,000 and was informed there was "no way." Where do I go from here?

Answer by Guy Parrinello

It really depends upon the law in your state. I am licensed in New York State where, in accordance with the no-fault law, your injury might not qualify for any settlement at all.

I will say this: normally, your settlement should include money for economic damages (lost wages, medical bills paid out of pocket, etc.) and non-economic damages (i.e., pain and suffering).

If you spent $6,000 in medical bills, you should at least get that back, then consider how much you think your pain and suffering is worth. Also, you must balance that against the possibility that, if you go to trial, you could lose and get nothing. Good luck with your case and I hope you are feeling better.

Disclaimer: The author of this posting is a lawyer licensed to practice law in the State of New York. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship.

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