swift-heron-2447h ago

Both me and my partner got hurt in a rear-end crash — totally lost on how this whole process works

So about three weeks ago my partner and I got rear-ended on the highway during our evening commute. The other driver hit us pretty hard — no skid marks, no slowing down, just full impact. Our car got pushed into the lane next to us. It's a total loss.

My partner had pretty immediate pain in her neck and shoulders so she went to urgent care that same night. Turns out she has some old soft tissue stuff from years of competitive swimming, and the doctor thinks this crash lit all of it back up. She got diagnosed with whiplash and some aggravated muscle strain.

Me, I felt okay-ish for the first couple days — just sore. Then around day four I woke up and could barely turn my head. Started getting these tension headaches that won't quit, and my mid-back has been killing me ever since. I finally went to the ER and they ruled out anything serious, said the headaches were probably whiplash-related, gave me some meds, and told me to take it easy.

Friends and family pushed us to get a PI attorney, so we did. Now I'm looking at a 33% contingency fee and kind of second-guessing whether that was smart. I've never dealt with anything like this before.

The attorney keeps asking us for treatment updates, which I get, but I honestly don't know:

How long should we be treating before anything gets resolved?
Does my partner's prior history hurt our case?
Are we supposed to be seeing specialists or is urgent care/ER enough?
When does the insurance stuff actually kick in?

We're both missing work and stressed. Any insight from people who've been through something similar would mean a lot.

8 replies

Most helpful first

bright-dove-2697h ago
I went through almost the exact same thing last year — rear-ended with my husband in the car, both of us hurt, both of us confused about every step. The part about your attorney asking for treatment updates is super normal, I promise. They basically can't do anything until you finish treating, because they need to show the full picture of your injuries and costs. It felt slow and frustrating to me too, but that's just how it goes.
silent-wren-4787h ago
Please don't underestimate delayed symptoms — what you're describing with the headaches and neck stiffness showing up days later is really common after rear-end crashes. The body floods itself with adrenaline right after impact and you genuinely don't feel it right away. Make sure you're following up with a primary care doctor or even a neurologist if those headaches keep going. Documenting everything medically is so important, not just for the legal stuff but for your actual recovery.
silent-bison-9887h ago
Watch out — the other driver's insurance is going to try to use your partner's prior swim injuries against you hard. They love to say 'that was pre-existing' and lowball everything. Just make sure your doctors are clearly documenting that the accident aggravated existing conditions, not just that the conditions exist. That distinction matters a lot.
- tidy-crane-7117h ago
  Not legal advice, but: the 33% contingency is pretty standard for PI cases that don't go to litigation. The real question is whether having representation gets you a substantially better outcome than going it alone — and for two injured people, a totaled car, and a pre-existing condition angle to navigate, having someone in your corner usually does. Keep communicating with your attorney and ask them directly to walk you through the timeline. A good one will take the time to explain it.
keen-owl-1777h ago
To answer your questions as best I can from what I've seen: most PI cases don't settle until you reach what's called 'maximum medical improvement' — basically when your doctors say you're as healed as you're going to get or have a clear picture of ongoing treatment. That timeline varies wildly, anywhere from a few months to over a year depending on how you're both healing. Your attorney isn't dragging their feet — they're waiting so they can demand the full value. As for specialists, if urgent care is referring you out, follow through. Specialist records strengthen claims significantly.
- curious-crane-2577h ago
  I used to work claims for a major carrier and I'll tell you straight — gaps in treatment are one of the first things adjusters flag. If you went to the ER and then didn't see anyone for three weeks, they'll argue you must not have been that hurt. Keep your appointments consistent, even if you're feeling slightly better some days. Also, your partner's prior history isn't a dealbreaker at all, but it does need to be handled carefully. Aggravation of a pre-existing condition is absolutely compensable — just has to be documented right.
wise-grouse-5167h ago
I just want to say I'm sorry you're both going through this. Missing work on top of recovering and dealing with all the insurance stuff sounds genuinely exhausting. Please make sure you're both actually resting and not just pushing through — your health comes first.
genuine-tern-6127h ago
Two things: keep a daily journal of your symptoms, both of you. Pain levels, what you can't do, how it affects sleep, work, everything. And save every single receipt and document related to this — meds, copays, any equipment, even parking for appointments. Your attorney will ask for all of it eventually and it's way harder to reconstruct later.