Visitor Question

Are my chiropractic treatment costs and lost wages enough for an injury case?

Submitted By: Mark (Chicago area, IL)

I was on the interstate exiting at a rest stop when the car behind me didn’t stop and rear ended my vehicle. I went to the ER where it was determined I had whiplash. I had several visits with my chiropractor and after numerous treatments he cleared me.

I went back to work and re-aggravated the injury. I then went back to the chiropractor for a couple more visits and was released again. I went back to work and ended up at the ER yet again, missing 5 work days. A total of 12 days were missed. I am self-employed and my work requires physical labor.

How do I determine if I have a personal injury case? Are all my treatment costs and lost income attributable to the initial injury from the rear-end accident? How might I proceed? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mark,

Be sure to contact the other driver’s insurance company promptly. Once you do so your claim will be investigated by a claims adjuster. The adjuster will work with you to come to an agreed settlement amount.

You clearly have a legitimate personal injury claim for the damages you suffered as a result of the initial car collision. At a minimum you are entitled to property damage reimbursement for your car, your medical and chiropractic bills, any out of pocket expenses including, but not limited to, the cost of prescription and over the counter medications, neck braces, etc.

You are also entitled to reimbursement for any fees you may have paid to park at the hospital or chiropractor’s office. If you had to travel any substantial distance to receive treatment you are entitled to reimbursement on a pro-rated basis for the amount of gasoline used during your trips.

You are also entitled to be reimbursed for any lost wages. Establishing a specific amount will include some proof of work you were not able to complete, or the amount of money you may have lost to another company who stepped in to take over a job you might have had scheduled.

Finally, you are entitled to an additional amount for your pain and suffering.

The subsequent and independent aggravation of your injury may complicate your personal injury claim. Be sure to include the additional and like damages related to the aggravation of the injury. Although you may have a difficult time getting the at-fault driver’s insurance company to agree to pay for the additional damages, you have every right to try.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 14, 2012

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