Rear ended on Fwy - Should I get an attorney?

[motion]

Lili and I were whacked in the rear yesterday on the 5 freeway. Lili was driving a loaner Mercedes from the dealer and I was in the passenger seat. A 20-something kid couldn't stop quickly enough when traffic was slowing and nailed us at around 20-30 mph when we had just stopped. Lili was not able to move her head at all, so I called 911 and she was transported to Mission Hospital in an ambulance. The CAT scan came back negative, but they ordered an MRI due to her inability to lift her arms or head. The MRI showed a bulging C5 vertebrae. She's home now with a neck brace on and loving life with the Vicodin. She still is not able to hold her head up without the brace. We're going to a neurologist on Monday morning, as recommended by the hospital. I'm feeling a little beat up... sore neck, lower back, tailbone. Not too bad. My injuries from the motorcycle crash a few weeks ago are all hurting again, lol.

What's the wise move in this situation? Is it best to get an attorney to cover our interests and make sure his insurance company is kept in line? I'm guessing that with a back injury, she could be feeling effects for months and the attorney will make sure the insurance company takes care of her?

We're not looking for big bucks... just want to make sure our interests are covered. Thanks for any input.

[89911]

There are plenty of lawyers around here that base their whole practice on accidents like yours. Although I've got my issue with frivilous lawsuits, yours truly sounds legit. I would just make sure what you and the lawyers are after is correct and reasonable. I've read too many incidents of "pain and suffering" adding to the tune of millions.

[charlesbahn]

Could be a serious injury- Hope not and best wishes for an uneventful recovery, but would definitely consult an attorney on this one.

[Formerly Steve Wilkinson]

I was the guilty party in one of these lawsuits once, years ago, whacked some poor guy at about five mph when I took my eyes off the road stupidly to watch a ship going by on the East River, off the FDR, in heavy stop-and-go traffic. What particularly amused me, not being a lawyer--I'm a writer--was that part of the charge was for "loss of services" or whatever the legal term was. The guy sued my insurance company for a considerable amount of money because, among other things, he and his wife couldn't have intercourse. It is, as any lawyer will tell you, absolutely standard in such suits.

I don't remember what it came out to per lost congress, figureing three times a week, but the guy must have been >good<...

Stephan

[TXScott]

I probably would just to cover my a$$. My wife and kids were rear ended about four months ago at 20mph, the van was declaired totaled, although she got the money for the van, she has yet to see the money for injury, Cat Scan, MRI, Dailey treatments (which she stopped early to save them money), x-rays ect.....as well as the insurance company trying to low ball her, the whopping total she is asking for is ......$4000! They're trying to give her $1400. She has now pulled an attorney into this as a voilating good faith practices thing.....It may take a while, but they'll wish they'd of paid the $4000, by the time alls said and done.
Just my .02.
Good Luck.
Scott

[David]

I'm not a lawyer, but here are my thoughts. A lawyer will probably take 33 to 40% of the settlement. If you settle the medical part for twice your actual costs (standard in Texas) you won't be getting much. You don't have to settle with the insurance company right away, so give it a few months and see if there are lingering effects, then see what their insurance offers for long term care and get a lawyer if you're not satisfied with their offer.

Since you've probably raked up some large medical expenses already. If you can settle with their insurance for twice these costs without a lawyer, you can bank a good amount for future problems. Or go buy a new toy.

[Plavan]

Was this the notorious I-5 at Crown Valley Parkway super slow down section?
I hope everything will be OK.

[Zeke]

First off, my best wishes for Lili's speedy and complete recovery. Although she will most likely recover well, some residual effects may remain. Ask me how I know. She needs the BEST care available and, dare I say, that when swelling goes down, treatment by a GOOD chiropractor. Such treatment helped me enormously. Same goes for you, Richard. Sorry this happened to you guys to begin with.

Yes, an attorney, at least to guide you through this. This will take a long time to settle. Probably years. Be prepared. But, you should incur no out of pocket expenses.

BTW, a different attorney for each might be a good idea also. I have no basis on why I say that. Just a feeling that it might be wise.

[TXScott]

My wife's accident occurred in NC......But by the advice of OUR insurance company, she has brought the attorney into it.
Go Figure, I thought they were all back scratchers!
SG

[Emission]

I was driving a friend's Suburban on the 101 in downtown LA over the summer in stop-and-go traffic. While we were stopped at one point, a Penske truck plowed into the back of us at about 15-20 mph. The impact of a 5-ton truck pushed us into another car about 25' in front of us - even though our brakes were locked! It was an older Suburban, and the headrests were all the way down (and I wasn't prepared for the impact) so my head snapped back. Ouch! I forgive all those people I always mocked with neck braces. It really, really, hurt.

My neck was sore for a long time - and I got by thanks to painkillers and muscle relaxants.

Thankfully, Penske paid everything immediately (without any attorneys involved) because a company driver (not a renter) was at the wheel. All accidents are sticky legal issues, and we just got very lucky.

Hoping for a good recovery for Lili and a quick end to the mess!

[vash]

again, motion i hope first and foremost that lily has a quick recovery. and that your aches and pains ease off fast too. if i was in the same situation AGAIN i would get an attorney. i was hit on my bike several years ago. although i healed quick, with surgery...i missed a bunch of stuff. like eventually having to have the steel rods removed (paid out of pocket), and the fact that i still cant feel my foot (partially). i jog like i have mental issues now. i think a lawyer just by padding his own pocket will get you extra coverage for the incidentals. (just kidding on the last part, i am a cynic)

cliff

[2005997]

Dude that sucks, hop everyone is okay!

[aways]

I was struck from behind about 15 years ago by a college shuttle bus, my injurys were minor (some whiplash) but my car was totalled. I didn't get a lawyer because the bus company gave me a decent price for my car. Looking back, however, I think I should have hired a lawyer and sued the bastards. A few years after the accident, I ran into a guy who was actually on the bus when it hit me! He said that the driver was in the habbit of smoking pot while driving, and was on the day he hit me... To this day I still have occassional neck pain that is likely the result of that "accident".

I'd get a lawyer if I were you, because these kinds of injuries can become chronic.

[swbsam]

I hope you guys heel up okay, after being through a few bad ones I know what it's like having to sit around and do nothing and then going to physical therapy time after time it's no fun,

take your time don't make any quick decisions, if your going to get an attorney shop around, and keep something in mind every test your attorney orders will come out of your settlement after he has taken his cut , make sure you understand how these things work before you sign on the dotted line.

we would all like to think that we shouldn't need an attorney, but the way the system is set up if you don't have one (and a good one) your going to be at a real disadvantage.

[randywebb]

I'm really sorry to hear this.

But, yes a good lawyer is absolutely essential. Do NOT under any circumstances talk to any insurance co. about the accident. Tell them you'll have your lawyer contact them.

Contra the above, an ins. co. will offer a small settlement - just to keep you from getting an attorney.

[daka]

Absolutely get a lawyer...much as I hate the b******S In 1980 I took a spill off my motorcycle (my own fault, no one else involved, that time) anyway I had some damage to my shoulder etc about 4/5 months later I was fine...so I thought, now 25 years later my shoulder is a real pain problem....It takes its toll....as you age

[kycarguy 935]

I had nearly the same thing happen to me going south on the 405 south of Harbor Blvd. I was finished at work and heading back to Tustin and slowed to a stop with the traffic and some moron didnt stop and he was estimated to have hit me at 40-50 mph. He took off on another freeway and I could barely see at this point but I didnt want him to get away so I chased him to get his license plate number. I didnt know at the time he hit me so hard his front license plate numbers were imprinted on my Ford company car..ouch. I finally caught up to him at a light and wrote the number down and called the CHP. They went to his house in Whittier and he got in some trouble for leaving the scene of an accident...I dont think he was drunk by the time the CHP got to his house.

He his me so hard the paint from his licence plate was on my car. The trunk was permanently open. The gas lid was open. The Rear doors were stuck open and the front doors didnt close right.

I went to physical therapy for nearly 9 months. This happened in 1995 and I still have a few problems today. Her neck may need some medical attention from time to time. I would hire an attorney also just to keep everything fair for you and your wife.

I also had that accident on my driving record for 3 years I believe even though it wasnt my fault at all. So I remember having to go through extra hastle of getting a copy of the police report when I changed Insurance Co.'s and when my employer needed to see for my oustide sales job and using my company car.

I hope they can get you and your wife back to normal soon. You will be watching your car mirrors alot for awhile. Goodluck to you and your wife on this.

[KevinP73]

Statistics show that claimants recieve up to 30% more in claim totals when they have representation. And if you consider the cost of health care or the loss of income due to injury, your going to need every penny you can get. I wouldn't hesitate to get an attorney as the insurance company already has one (or a hundred) on thier side.

[beamonk]

Being an Attorney, I guess I should chime in. I had a bad rearender several years ago, said I had a ruptured disc in my neck. My neurosurgeon buddy said I'd probably need to get the disc removed, but my chiropractor buddy has kept me from surgery for nine years now, but I still have problems.
Get a lawyer, this should be a policy limits case and you may be able to collect from your insurance under under or uninsured coverage. They may also be able to stack coverages if the kid or his parents have coverage under another policy. Get your neck checked out too, mine didn't start bothering me for 3 months after the wreck, the pain shooting down my arm made me think I was having a heart attack. Take your time with this and make sure all is right, don't let your wife rush into surgery without trying all options, especially a chiropractor. Most Dr.'s will tell her that surgery is the way to go. You should be able to collect med pay from the boy's insurance. I forgot that Calif. is no -fault? I am sure that some calif. atty will chime in soon. Good luch and I hope all feel better soon.

[charlesbahn]

Absolutely do not see a chiropracter until this is specifically cleared by a neurologist/neurosurgeon. Further dislocation of C5 by manipulation, however well intentioned, could be disasterous and result in permanent spinal chord injury. Hope all is well.