The Shoulder
The Shoulder
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Legal questionskind-mole-828

Feeling better after PT but my lawyer says wait — is that normal?

So I got rear-ended about six weeks ago at a red light. Totally not my fault — the other driver even admitted it to the cops on scene. I hired a PI attorney pretty quickly because I'd heard horror stories about people getting lowballed when they tried to handle things themselves.

Here's my situation: I had some neck stiffness and lower back pain right after, went through about five weeks of physical therapy, and honestly? I'm feeling pretty good now. Like, I could realistically go back to work next week if I wanted to.

My attorney is telling me to hold off on settling and to make sure I'm completely done with treatment before we close anything out. I get the logic but I'm also anxious about money and kind of want this whole thing behind me.

A few things running through my head:

  • Is it actually smarter to wait until I'm fully discharged from PT before settling?
  • I've been out of work this whole time — does how long I was out factor into what I can claim?
  • Could settling too fast mean I leave money on the table if something flares back up later?

I'm not looking to milk the system or anything like that. I genuinely got hurt and I just want to make sure I'm not making a naive decision either way. Has anyone else been in this kind of limbo where you feel fine but your lawyer is pumping the brakes? What did you end up doing?

13replies

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13 replies

  • 15
    gentle-kestrel-353

    I was in almost the exact same spot last year. My PT said I was good to go and I was itching to just be done with everything. My attorney gave me the same advice — wait until you hit what they call 'maximum medical improvement.' I'm really glad I listened because I had a flare-up about three weeks later that required a few more sessions. If I'd already settled, that would've been completely out of pocket.

  • 10
    hearty-kestrel-407

    Not legal advice, but your attorney is giving you pretty standard guidance. Once you sign a release and settle, that's almost always final — you generally can't go back and ask for more if symptoms return. The lost wages piece you mentioned is real too; that time out of work is part of your damages picture and should be documented carefully before anything closes. Trust the process on this one.

  • 7
    bold-kestrel-525

    The other driver's insurance is absolutely aware you're feeling better and they will use that to push a fast, low settlement. Adjusters are trained to reach out when you seem recovered and get you to sign before you've thought it through. Do NOT talk to them directly if you have an attorney — let everything go through your lawyer.

    • 12
      quiet-otter-784

      The phrase your attorney is probably working toward is 'maximum medical improvement' or MMI — it basically means your condition has stabilized and further treatment isn't expected to change things. That's usually the point where it makes sense to start calculating the full value of a claim. Until you hit MMI, you genuinely don't know the whole picture of what this injury cost you.

    • 4
      hopeful-survivor927

      Going through something similar right now. Did following up actually move the needle for you?

  • 17
    mellow-owl-965

    I used to work on the carrier side and I'll be honest — early settlements are almost always better for us than for the claimant. When someone settled fast we knew we'd saved money. Your attorney pumping the brakes is doing exactly what they should be doing. The lost income documentation matters a lot too; make sure you have pay stubs, employer letters, whatever you can pull together.

    • 1
      restless-sidewalk418

      Following up on this — any update on how it turned out?

  • 10
    careful-crane-183

    From a medical standpoint, feeling 'fine' after soft tissue injuries can be deceptive. Neck and back issues especially have a way of showing back up weeks or even months later, particularly if you return to physical work or even just prolonged sitting at a desk. I'd encourage you to have an honest conversation with your PT about whether they think you're truly at baseline or just in a good stretch right now.

  • 14
    tidy-finch-611

    Honestly just hang in there. I know the financial stress makes you want to wrap it up fast but six weeks isn't that long in the grand scheme of things. If your lawyer — who actually knows your case — is saying wait, that feels like the right call to me.

    • 4
      curious-dreamer702

      Thanks for sharing. Hope things are getting a little easier for you.

  • 13
    spry-lynx-728

    Your lawyer gets paid a percentage of what you settle for. They have every incentive to get you the most money possible, not to drag things out for fun. If they're saying wait, wait. Simple as that.

    • 9
      gentle-wanderer446

      This is really helpful — thank you for posting it.

  • 18
    patient-crane-362

    Quick question — did you actually get any imaging done, like an MRI or X-rays? Or was it just a clinical PT evaluation? I ask because the documentation behind your injury really matters when it comes to how a claim gets valued. 'I felt stiff and went to PT' lands differently than having actual diagnostic records backing it up.