Legal Question in Personal Injury in Missouri

pain and suffering claim

I was hit from behind, while I was at a stop light, The lady that hit me, said she was tending to her baby in back seat of her vehicle snd didn't see me. So she rammed into my backend of car. Police was called, I didn't get out of car due to an immediate headache at scene of accident. I did not go by ambulance, but I did go to my Dr. next day for xrays and tests, due to continued headache, jammed knee, stiff neck and shoulder tightness. Her ins. said they'd pay for medical, but only offering me $400 for pain and suffering. I can't work due to this accident, and am traveling 20 miles one way to Dr. 2 times a week. This happened June 29, 2008. Her ins. doesn't offer any more than $400 pain and suffering. I'm in pain daily, what do I do?

Asked on 7/18/08, 3:08 pm

2 Answers from Attorneys

James Manning James Manning, PC

Re: pain and suffering claim

My recommendation would be for you to consult with an attorney to help you sort this out. You may very well have a viable personal injury claim that you can pursue. An attorney can help you present the claim to the insurance company in a way that will register correctly with the computer programs utilized by the insurance company to evaluate claims. If a fair settlement offer cannot be obtained in the claims process, the attorney can file suit and use the civil litigation process to help you acheive the best possible outcome. It is important that you get adequate compensation for your injury prior to signing any release paperwork.

I would be happy to help you with this matter and answer any questions that you may have. Please do not hesitate to call me if you would like to discuss this matter in greater detail.

- James

Please be advised that the choice of an attorney is an important one and should not be based solely upon advertisement. No attorney client relationship will exist between us unless and until I agree to represent you in writing.

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Answered on 7/18/08, 3:16 pm

Jeff Heinrichs McLeod & Heinrichs

Re: pain and suffering claim

Wow. It never ceases to amaze me what insurance companies will try to do to low ball people who have been hurt. You are entitled to payment of your past and future medical bills, past and future lost wages, repair cost for fixing your car, permanent damage to yourself if any, as well as the pain you have endured. Most attorneys work on a contingent fee in which their compensation is based on the outcome of your case. If you settle the case or it goes to trial and you win, the attorney's compensation will be a percentage of your settlement or award. Usually 1/3 to 40%.

The big question for you right now is whether you can get more money with or without an attorney. Often on smaller claims, you may find yourself better off financially if you settle on your own. If you think an attorney will get more money than you could get on your own, go looking for an attorney. Don't be afraid to shop around for attorneys. You need to find one that you are comfortable with.

Good luck. If you need any more information, let me know.

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Answered on 7/20/08, 11:49 am

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