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Yes, it's a case by case thing. I was rear ended in NYC (Queens) a year ago at a traffic light. I was waiting at a red light and this minivan came out of nowhere and me. I had $9,000 worth damage on my car, my bumper was broken and they had to put in a new engine because it had shifted in the car (engine is in back of the car). Anyways, after a bunch of MRI's, 4 months of therapy (3 times a week), doctor visits etc my insurance company declined to give anything. They said soft tissue is a minor thing. (I had herniated discs, bulging on my spinal cord, neck and shoulder problems). As long as you don't have broken bones, visible bleeding, ears ripped off, flesh ripped of your body, the insurance company will try to discourage you by claiming you have insignificant injuries and they are not paying anything. To make the long story short, my lawyer told me to continue my therapies and he would file a lawsuit. A month after the initiation of the lawsuit, the insurance company contacted the lawyer and offered $7,500 to settle. The offer wasn't great, the fact that the lawyer gets a 33% cut. Nevertheless, i have heard too many cases that they even offer $500 as settlement and these days they are playing hardball. It's more like take it or leave it and filing a lawsuit is costly and time consuming. Thus, the lawyers aren't too crazy about that it. Also, bear in mind, if you file a lawsuit you have a 50-50 chance of winning.

I would say if you have a solid case (visible damage to your car, therapies, MRI's, doctor visits for at least 4-5 months post accident), you would have a case. Otherwise it becomes difficult to prove your case. Remember, insurance companies want to get out of this with the least damage!!! Good luck.

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Q: How much should you expect from a soft-tissue inury settlement from car accident?
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