Compensation for back issues?

by Scott

I will try to keep this short. I was rear ended at a stop light. The other driver was 100 percent at fault. I drove myself to the emergency room afterwards because I was having bad back pain. I continued having pain and received 8 weeks of physical therapy. I also missed 6 days of work (had to burn vacation days), and 4 weeks of missing my kids soccer, among other things.

The other person's insurance paid my medical bills of $20K+. They have now offered me $7500, of which I have to pay my own insurance for fixing my car ($3400). To me this seems extremely low...thoughts? How can I get them to raise their offer? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Compensation for back issues?":

Scott (Oregon):

The State of Oregon is a third party liability state. This means a victim of a car accident has several options, including:

- He can turn to his own insurance company for compensation for property damage and personal injury

- He can turn to the negligent party and his insurance company for the same

- He can sue the negligent party

From the facts you present, the liability of the driver who crashed into you is clear. There is no evidence you contributed to your own injuries.

Your medical bills are quite high, and so the offer of $7500 sounds extremely low. A more realistic initial demand should be anywhere from three times the amount of your medical bills, or $60,000.

Because of the seriousness of your injuries, and the insurance company's extremely low offer, you should contact an experienced personal injury attorney as soon as possible to discuss your case. A competent attorney will be able to secure a much higher settlement.

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

Best of luck,

Judge Calisi

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