Legal Question in Personal Injury in Texas

Auto accident, minor injuries, settling?

My husband was rear ended a few weeks ago. Both vehicles were totaled and the other driver was hospitalized for several days. According to the police report, the accident was rated as being pretty serious. A few days later he began to have neck, back, and knee sorenes. Went to the dr. who stated it was all normal soreness from accident - perscribed pain relievers. Ins co initially offered $400 then it went up to $750. My husband refused the offered because he will be seeing the dr. again next week and wants to be as sure as possible that he will not have any permanent pain/inj from this accident before settling. We certainly don't trust an insurance co to provide a fair amt. What is a reasonable amt to settle on in this situation?


Asked on 12/29/05, 5:56 pm

2 Answers from Attorneys

Dan Street Street Law Firm

Re: Auto accident, minor injuries, settling?

You are certainly wise to not trust an insurance company to offer you a fair settlement (in spite of what they say in their incessant T. V. commercials). After all, insurance companies make their profits by cheating people out of what they are entitled to. But the question of what your husband's case is worth cannot be answered today--nor should it. Your husband should get all of the medical care he needs and then WAIT several weeks after he is released from care before even considering settling his case. The reason is because once his case is settled, it is settled forever. If he has problems requiring medical care after he settles, he will not be able to re-open his case. Also, it sounds to me as though your husband needs to be referred to a doctor who will do more than just tell him "it's normal to be sore" and prescribe pain medication. He needs to be placed into physical therapy to help him get better sooner and also make sure there are no hidden injuries that could plague him in the future. Additionally, you really should have a personal injury lawyer advising you on your case. After all, the insurance company has attorneys advising them. Why shouldn't you? Give us a call if we can help. We handle cases all over Texas.

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Answered on 12/30/05, 6:03 pm
David Leon David L. Leon, P.C.

Re: Auto accident, minor injuries, settling?

I can't tell you an average of what your case is worth, as each case is different. Typically, an adjuster would look at the property damage, medical bills and police reports. Additionally, they would speak with witnesses and those invovled. I'd love to speak with you about the case, as it sounds like it might be a good one. If you want to speak with me, my number is 214.739.0100.

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Answered on 12/29/05, 6:04 pm


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