2 accidences in 2 months no fault of mine - low settlement
I was in 2 car accidences a little over 2 years ago. The first accident the guy wasn't paying attention and hit me from behind, he even said he just got into a car accident and was driving a rental car because his car was in the shop. I had injuries to my upper and lower back and neck and went for treatment for a couple of months and started to feel better. Just when I started to feel better a second accident occurred, a lady hit me from behind. I went back to another physical therapist and then also tried chiropractor. I went for treatment for 3 months as my body was in bad shape, same problems upper/lower back and neck pain. As soon as I was done with treatment, I consistently bugged my lawyer to find out when the > insurance company will settle my claim, he never responded to any of my calls and even gave me such an attitude one time that I'm calling too much, this is when I didn't hear from him after calling for 2 months!! I didn't get any answers except "these things take time and could take 2 years" Meanwhile, the chiropractors office has burned down and I had to go back in to tell him about my accident again. Fast forward 2 years and many headaches later in trying to close this case, my attorney finally files a court case before the statute of limitations is up. According to him, the 2 insurance co. we were dealing > with only wanted to originally pay me $1500 each case, a total of $3k, when my med. bills are about $5-6k. The first case now wants to settle for $1800 and the 2nd accident wants me to settle for $5k, we have a deposition coming up next week on the 2nd case. My lawyers says he went to court before on my first case and said that I should settle because the judge is a jerk, that we shouldn't go to court. The 2nd case, he says I should settle because the chiropractor didn't mention my 1st accident on his report. When I initially went in for treatment I had told the chiro about my first accident & 2nd accident, they even joked that I need to change my color of the car to red, but that report was destroyed in the fire and when I went back in for a new report, apparently we only discussed the 2nd accident and my lawyers says this is a big problem and will only make me look like a liar if we go to court before a jury. He advised me to settle both cases because if we go to court, I might have to pay for all the court fees if I lose and most of the time in LA he sees that I will probably lose. I don't know what to do and I really feel cheated especially since these people were not paying attention while they were driving and have caused me much grief and a change of my usual active lifestyle for those months of physical therapy. If my lawyer thought it was a problem that my Dr. didn't mention the 1st accident then shouldn't he have caught this in 2007. What do you suggest I do? Should I go to the deposition next week or settle or do both? Also my insurance paid me $1k for med claim, do I have to pay that back?
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