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Settling a Case While Still in Pain

I treated with a chiropractor after an accident. The doctor released me. The adjuster is trying to get me to settle. Should I settle my case now, even if I still have pain?

- SW, California


This is a common crossroads after an accident. You received medical treatment and the doctor has released you, but you're still experiencing pain. The insurance adjuster has made you a low ball offer. You're not sure what to do. Should you just settle now and be done with it? Should you go back to the doctor? Should you hire an attorney, but then have to pay an attorney fee?

At our firm, we see this time and time again: the insurance adjuster will attempt to get an accident victim to accept a low ball offer, before the victim consults an attorney and learns that his or her claim is worth significantly more than the adjuster is offering.

This is the time that you need the advice of an experienced personal injury attorney. An attorney who will be honest with you. An attorney who will look out for your best interests, and not just try to make a quick buck off your case.

We recommend that you call our firm for a free consultation. We will give you an honest assessment as to whether we think you should accept the adjuster's offer, or whether we think our firm can get you more money, even after our attorney's fees are deducted. If you do decide to hire our firm, there is no up-front fee. Our fee is paid at the end of the case, and is taken out of the money we collect for you. If you already have an attorney, but have lost confidence in him or her, we can provide you with a free second opinion.

If you are still in significant pain, as long as a substantial amount of time has not elapsed since your last accident-related medical visit, we will likely recommend that you return to the doctor, or see a new doctor. It may be that the full extent of your injuries have not been diagnosed. If evidence of the full extent of your injuries is not provided to the insurance adjuster, you will never receive full compensation for the harm you have suffered.

If it is a financial hardship for you to pay for additional medical treatment (or even to pay health insurance co-pays), then our firm can refer you to a medical provider who will treat you on a lien.

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.