A woman was offered $35,000 for a neck Injury. We took the case immediately after she called for a free case evaluation.
We took the case because she deserved a larger settlement. This was an rear-end car accident case allegedly caused by a distracted driver.
After the collision, our client was diagnosed with a neck injury and after 9 weeks of chiropractic treatment she was released from treatment. She still had symptoms and her doctor told her that this was “normal”. She would have to live with it.
Here is more on why she deserved a larger settlement.
Larger Injury Settlements in Neck Injury Cases
At Horn Law we see these cases all the time- a neck injury that never totally heals. A case where our client can expect periodic pain and discomfort even after they have been released from chiropractic treatment.
Along with a loss in range of motion, a person with a neck injury will always be more susceptible to pain and discomfort. Often the doctor will tell my patient to live more cautiously and limit their activity to minimize the risk of more pain.
My clients are also told that by their doctor that, over time, the problem will get worse. While in the beginning they may be able to use medication to control the pain, at some point they are probably going to want to opt for rehabilitative treatment.
The point in all of this is that a neck injury will cause a significant loss in quality of life. In this case, our client was in her mid-40s. While the insurance offer did take into account her medical expenses, lost income, and pain and suffering, it didn’t get close to compensating her for the longer-range consequences of the injury.
The Difference Between an Average & Excellent Injury Settlement
The difference between an average and excellent settlement comes down to the presentation of the evidence. To build a case a strong case given a traumatic injury it is necessary to present detailed evidence regarding the following:
The sudden onset of injury.
The nature and extent of the injury.
The medical treatments and rehabilitation, including expenses.
The impact on work, household, family, and personal responsibilities.
The loss of well-being associated with the medical recovery.
The persistent symptoms after medical treatment, including the loss in physical capacity.
The lifestyle changes and accommodations necessary due to the injury
The psychological impact the injury has over the longer-term.
Right from the start, after we have undertaken a general evaluation of a case, we set forth a strategy to build out the evidence in the areas of above. Often, our strategy is based off of the medical evidence and the key factors surrounding the nature and extent of the injury.
After a hard-fought negotiation, this case settled for $63,500, proving once again that a first settlement offer from an insurance company is not close to the true value of the cases.
Horn Law Focus
As Lead Attorney of The Horn Law Firm, P.C. I concentrate in cases involving head, neck, back, orthopedic, neurological, and other traumatic injuries that require extended medical care and rehabilitation.
Our firm has a long track record of success in a wide variety of personal injury cases, including cases involving motor vehicle collisions, work accidents, and injuries caused by dangerous or hazardous conditions.
We are based in Independence Missouri, and we offer same-day legal representation for persons in Missouri, Kansas, and across the Midwest.
For free case evaluation 24/7 contact me (816) 795-7500 or dh***@*****aw.com.
About Attorney Doug Horn
Doug is founder and Lead Attorney of The Horn Law Firm, P.C. where he concentrates in cases involving head, neck, back, orthopedic, neurological, and other traumatic injuries that require extended medical care and rehabilitation.Since 1992, Doug has maintained a track record of success in a wide variety of personal injury cases, including cases involving motor vehicle collisions, work accidents, and injuries caused by dangerous or hazardous conditions. Based in Independence Missouri, Doug represents injured persons in Missouri, Kansas, and across the Midwest.Outside of his law practice, Doug frequently lectures in the area of personal injury law, giving legal education presentations for national attorney audiences. Most recently, his presentations have focused on new approaches to proving both economic and non-economic damages.
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Frequently Asked Questions About Personal Injury and Car Accidents in Kansas City, Independence, and
Surrounding Areas
What should I do after a car accident in Kansas City if I feel injured but didn’t go to the hospital right away?
Many people don’t recognize the full extent of their injuries until hours or even days after a car accident. If you begin to feel pain, especially in your neck, back, or head, it’s important to seek medical attention as soon as possible.
Documenting your condition through a healthcare provider creates a critical record that can support your car accident claim. At The Horn Law Firm, P.C., we can help gather medical evidence and communicate with the insurance company while you focus on recovery.
How do car accident attorneys handle insurance companies that try to reduce settlement offers?
Insurance companies often look for ways to minimize what they pay out, especially in cases involving soft tissue injuries, whiplash, or ongoing medical treatment. Our attorneys understand how these companies operate, and that’s why we prepare your claim with detailed documentation of physical injuries, medical expenses, lost income, and the long-term impact on your life.
By approaching each case quickly and thoroughly with a trial-ready mindset, we apply pressure that can lead to a more appropriate settlement.
What types of injuries qualify for a personal injury claim after a vehicle accident?
A wide range of injuries may provide grounds to pursue a personal injury claim. These include concussions, traumatic brain injuries, neck and spinal trauma, fractures, and injuries from airbags or seatbelts. Whiplash and seemingly minor injuries can develop into long-term complications that affect your daily life.
Can I still pursue compensation if I was partly at fault for the accident in Kansas City?
In Missouri, accident victims may still seek compensation even if they were partially responsible for the crash. This is because Missouri follows a pure comparative fault system, which allows financial recovery based on the percentage of liability assigned to each party.
Kansas follows modified comparative negligence rules, in which plaintiffs who are 50% or more at fault are not allowed to claim compensation. This means an injury victim who contributed significantly to the accident faces a risk of being left without compensation, and each party involved has a strong incentive to prove the other side was at fault while minimizing the degree to which they caused the accident.
If you believe you share some fault, it’s especially important to speak with an attorney who can evaluate the circumstances, gather evidence, protect your interests, and argue your case throughout the process of your claim.
What makes work injury claims different from other personal injury cases?
Work-related injuries, such as those from construction accidents, warehouse incidents, or industrial hazards, often fall under the workers’ compensation system. Unlike general personal injury claims, these cases may involve specific rules, filing deadlines, and limits on the types of compensation available.
However, some situations also involve third-party liability, which may open the door to a broader claim. Our firm handles both workers’ compensation and third-party injury cases, helping clients understand each of their available legal options.
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