I had a car crash back injury when I was a passenger in my daughter’s car. As we were traveling about 35 mph, a car came up from behind and slammed into our rear end. I already had previous back pain, spinal stenosis and 3 herniated discs, and the accident aggravated my back and also caused horrible groin pain from nerves.
I went to the Emergency Room a couple days later for the pain and was told that it will probably go away in a few days or weeks. So I took my pain medication that I was previously on, did back exercises and waited for the pain to go away.
After 3 or 4 months, I went to see my doctor again and saw a chiropractor several times. All my medical bills, not including gas to the doctors, etc, total around $1,400.
Due to not knowing if the pain I’m getting now and in the future will be from the auto accident, how do I handle this? What would a good settlement be? 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.
You are in a precarious position. You have suffered legitimate injuries while a passenger in your daughter’s vehicle. The problem is though that you had a previous injury, whether from a previous collision or as a result of age or disability.
Differentiating between the pain from the first injury and the second is probably something only you can do.
If another vehicle collided with your daughter’s vehicle at 35 mph and you were at a dead stop the injuries could have been much worse. We can only presume because of the serious collision and injuries the police were dispatched to the scene.
You should immediately secure a copy of the Police Report. Hopefully the Police Officer will have a ticketed the driver who rammed into your daughter’s car. The citation would probably be for “Following too Closely”.
With that information in hand you can contact the driver’s insurance company and explain what happened. You should present them with your bills to date and tell them you will continue to send them Chiropractor’s and other related Medical bills and costs as they come in and until you are fully recovered.
If the insurance company knows their uninsured was in the wrong your previous injury will not inhibit your chances of recovery as much as it would have been inhibited if there was no Police Report.
If this fails you should see a qualified Personal Injury Attorney and bring the Police Report with you to the consultation.
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,
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