Q: Were we offered a fair settlement or should we consult an attorney?
My spouse was injured in an auto accident where the other driver was negligent and at fault. He had pre existing spinal injuries that were worsened in the accident as well as new injuries including.
Injuries (New)
L2 - Disc bulge.
L3-4 - Bilateral facet arthrosis.
L4-5 - Bilateral facet arthrosis, canal narrowing and bilateral foraminal stenosis.
Injuries (Worsened)
L4-5 - Disc protrusion, escalating from small left side only to a large broad-based central protrusion.
Aggravated Conditions
Cervicothoracic scoliosis.
Ununited fracture (T1).
He had immense pain from the accident resulting in a ER visit, months of physical therapy and steroid injections. We sent all of this documentation in and we were offered a settlement of $5000 but it feels extremely low to us. Is this a fair offer or should we consider consulting an attorney?
A: It depends on what his medical expenses were, what his anticipated future medical expenses are reasonably likely to be, and how his earning capacity has been affected by his injuries.
Tim Akpinar agrees with this answer
A: Insurance companies are notorious for offering low settlement amounts to injured parties who are not represented by an attorney. The amount you are entitled to is difficult to ascertain without looking at the full medical record. The extent of the injuries listed does appear to be significant. $5,000 seems low for what you described. Schedule a free consultation to get a better idea of your anticipated monetary recovery.
Tim Akpinar agrees with this answer
A:
My colleagues raise good points. Looking at the findings that your case presents, some of them appear to be degenerative in nature, which means that at trial, the opposing attorney would argue are not causally related to the impact of the accident (things like arthrosis, scoliosis).
It's likely that if you follow up with an attorney, they'll ask if you have imaging studies, radiologist's reports, and further details for the T1 fracture and L4-5 protrusion. I hope your spouse is healing okay. Good luck
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