The Shoulder
The Shoulder
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Legal questionswise-marmot-459

My lawyer wants to settle before I've even had the procedure that might let me work again — is this normal?

I'm honestly at a loss and could use some outside perspective because I feel like I'm being pushed toward a corner I can't get out of.

Back story: I got hit by a commercial truck several months ago. Before the accident I was completely fine — no prior injuries, no doctor visits for anything like this, totally active and working full time. The crash changed everything. After a bunch of diagnostic work, my doctors identified a facet joint problem and I went through a diagnostic nerve block procedure to confirm it. It came back positive, which means I'm now a good candidate for a radiofrequency ablation — basically the procedure that could actually fix the pain and get me back to work.

Here's where things get weird. My lawyer is now telling me to stop treatment and that he wants to move toward settlement. His reasoning seems to be that the visible vehicle damage wasn't massive, and he's worried about how a jury or adjuster might react to the size of my medical bills relative to that. He says he'll argue for future medical costs in the demand, but in the same breath admits there's no guarantee any of it gets paid out.

I've been out of work for months. I discovered through my MRI that I had an underlying condition I never knew about — one that was completely asymptomatic before this accident. Now it's not. I'm on daily medication just to function.

The truck that hit me is a commercial vehicle with a substantial policy limit, so it's not like we're chasing nothing here.

My gut says: how can anyone settle a case when I haven't even finished the treatment that might let me live normally again? Am I wrong to push back on my lawyer? Has anyone else been in this spot?

15replies

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15 replies

  • 9
    keen-bison-539

    I was in almost the exact same situation — commercial truck, diagnostic procedure came back positive, and my lawyer started making noises about settling before I was done. I pushed back hard and we did not settle until after my treatment was complete. The final picture of my medical records was so much stronger because of it. You are not wrong to push back. Not even a little.

    • 7
      kind-fox-433

      Not legal advice, but this is a legitimate tension in PI cases. Some attorneys get nervous when bills climb and property damage is modest because adjusters and juries sometimes use that mismatch against plaintiffs. That said, settling before MMI — maximum medical improvement — is genuinely risky for you, not just the case. Once you settle, that's it. If the RFA doesn't work or you need follow-up, there's no going back. Worth having a very direct conversation with your attorney about why now, in writing if you can.

    • 3
      soft-spoken-offramp945

      Adding this: keep copies of every email. It mattered for me.

  • 15
    candid-otter-711

    The insurance company on the other side LOVES when your own lawyer pushes you to settle early. That's not a coincidence. A lot of pressure to close cases fast comes from the defense side finding ways to make plaintiff attorneys feel like the case is weaker than it is. Don't let the property damage photo fool anyone — soft tissue and joint injuries are real even when the bumper looks fine.

    • 10
      quiet-rider224

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 9
    quick-newt-620

    I'll be straight with you from the inside: low visible vehicle damage is absolutely something adjusters are trained to flag and use as leverage. It's called a 'low impact' defense and it's a whole strategy. BUT — and this is important — a documented positive diagnostic nerve block is objective medical evidence that is genuinely hard to dismiss. If I was handling a file with that in it, I'd take it seriously regardless of what the cars looked like. Your lawyer may be underestimating that.

    • 0
      weary-walker126

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

  • 14
    bold-badger-209

    Please don't skip the RFA if your doctors are recommending it and the diagnostic block confirmed you're a candidate. That procedure can make a real difference in long-term pain management and function. Settling before you know whether it works — or whether you'll need repeat procedures — means you're making a permanent financial decision without complete medical information. From a recovery standpoint that's a really vulnerable position to be in.

  • 12
    silent-owl-234

    One thing worth knowing: you can request a second opinion from another PI attorney without necessarily firing your current one right away. Many will do a free case review. If your lawyer's strategy doesn't sit right with you, getting another set of eyes on it is completely within your rights. Also — document everything your lawyer tells you about why he wants to stop treatment. Emails are better than phone calls for that.

  • 15
    kind-kestrel-882

    Here's the blunt version: your lawyer works for you, not the other way around. If you're not comfortable with the strategy, say so clearly. If he can't give you a satisfying explanation for why settling before your treatment is done is in YOUR best interest — not just easier for the case — then you have every right to find someone else.

    • 0
      plainspoken-mile-marker424

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

    • 7
      calm-wanderer184

      Really glad you posted an update — gives the rest of us some hope.

  • 19
    hearty-dove-401

    This just sounds so stressful on top of everything you're already dealing with physically. The idea that you might not get the procedure that could actually help you feel like yourself again because of some legal calculation is really frustrating to read. I hope you find a path forward that actually puts your health first. You deserve that.

    • 5
      steady-rider851

      Did you have to escalate, or did they come around after the first ask?

  • 20
    gentle-raven-241

    Curious — did your lawyer explain specifically what he plans to include in the future medicals demand? Like does he have a cost estimate for the RFA and potential follow-up in the settlement number, or is it vague? Because 'we'll ask for future medicals' can mean very different things depending on how it's actually documented and argued.