pain and ssuffering

[jojo1]

What is the name of your state? texas
got hit by a commercial truck,not my fault,other party accept 100% liable.got injured back and neck,$15000 for my medical bill,just released today.just got back my car from the shop,insurance other party paid for the bill.didn't work for a couple of months because of the injury.question is are the insurance comp.of the other party going to offer me or i have to give them a price for my pain and suffering?and how much is the fair amount?please help i really need it.

 

[seniorjudge]

What is the name of your state? texas
got hit by a commercial truck,not my fault,other party accept 100% liable.got injured back and neck,$15000 for my medical bill,just released today.just got back my car from the shop,insurance other party paid for the bill.didn't work for a couple of months because of the injury.question is are the insurance comp.of the other party going to offer me or i have to give them a price for my pain and suffering?and how much is the fair amount?please help i really need it.

Do you have any permanent injuries?

If so, what is the dollar amount of those injuries?

 

[ecmst12]

They're not going to offer you anything, you'll have to ask. And I would definitely suggest getting a lawyer or at least consulting with one; it's a complicated process and the insurance company most likely isn't going to "play nice".

 

[seniorjudge]

They're not going to offer you anything, you'll have to ask. And I would definitely suggest getting a lawyer or at least consulting with one; it's a complicated process and the insurance company most likely isn't going to "play nice".

One small correction:

They're not going to offer you anything, you'll have to ask. And I would definitely suggest getting a lawyer or at least consulting with one; it's a complicated process and the insurance company will never "play nice".

 

[ecmst12]

Ok, I was trying to be a LITTLE optimistic!

 

[jojo1]

pain and suffering

the doctor told me that the herniated disc in my back and neck(L4-L5)i will suffer it for the rest of my life.i'm afraid if i hire a lawyer i won't have enough money to pay them.i was out of work for months.

 

[jojo1]

pain and suffering

i don't know how much this injury cost but i know how much my bill at the rehab center $15000 not including MRI and prescripted drugs.

 

[shell007]

the doctor told me that the herniated disc in my back and neck(L4-L5)i will suffer it for the rest of my life.i'm afraid if i hire a lawyer i won't have enough money to pay them.i was out of work for months.

Call a "personal injury" attorney. If you have a good case, which it sounds like you might, a PI attorney will more than likely take your case on a contingent basis and take his "fees" from the money he/she recovers in the personal injury lawsuit.

 

[ecmst12]

Right, you won't have to give them anything up front and if your case isn't worth anything they'll tell you that they can't take it (free consult). But if you have disc injuries, then it's highly unlikely that your case isn't worth anything. They'll take between 33-40% of any settlement that you get. But without a lawyer you're not likely to get even close to what your case is worth, so you'll still end up with more in the long run, and with less headache.

 

[jojo1]

pain and suffering

thanks for everything,i will get a lawyer.one last question my injuries is going to be permanent,now,i'm released from theraphy,sometimes i still felt pain on my neck and back,but my doctor told me that he can't do anything about it anymore and surgery is not an option.the only way he said is to build muscle on my my injuries to protect it from feeling the pain.is it possible to ask my lawyer to make sure when i need medication someday for my injuries that the insurance comp. have to cover it still?thank you

 

[ecmst12]

The fact that your injuries are permanent will greatly add to the value of your case. But your auto insurance (or the other driver's, whichever you used) probably isn't going to cover any future medical bills from this; it will fall back to your health insurance if you have a relapse or for your pain meds. The settlement that you get will be intended to take into consideration all future costs you will have from your injuries, you'll get it all at once.

 

[shell007]

OP: This was from the other thread you started. To help keep it all together is copied it and posted it here.

my lawyer just send in the demand to the insurance company that are responsible.how long will it take before they make a decision on the demand and if they don't approve in the demand do we have to go to court.i'm asking this because i have a plan to out of the country for a couple on months.thanks you all in advance.

ASK your lawyer.

My opinion from personal experience....You've got plenty of time as this is NOT going to be an easy case. The insurance co. is NOT going to "cut a check" just because your attorney wrote a demand letter. There is a lot that has to happen between now and later.

 

[jojo1]

sorry for making another thread.are you saying that we have to settle this in court or you just saying they have to investigate or something.i just have to go abroad for family reason but i can't decide when to go until this case is over.does the insurance company needs me to be here in the country or they can settle it down with my lawyer?

 

[shell007]

sorry for making another thread.are you saying that we have to settle this in court or you just saying they have to investigate or something.i just have to go abroad for family reason but i can't decide when to go until this case is over.does the insurance company needs me to be here in the country or they can settle it down with my lawyer?

Your lawyer should handle everything. NO...I am not saying this HAS TO BE settled in court.

I AM SAYING....this (settlement thing) is not going to happen any time soon!

WE are already into the 18th month mark and NO WHERE near settlement at this point.

 

[DGO1223]

Well......sometimes settlement CAN come pretty quickly, in our case it was a little over 7 months, with no hassle. Probably a rarity, though

We had 3 ins. companies to work with; our UIM, the other parties, and a seperate motorbike policy. NONE of them said anything about anything, except one of them wanted pics of the injuries. So we recieved the total amount of all the policies. Makes me wonder if we had a higher amount of UIM, they would have settled as quickly. All in all it was 125K, plus payment for his bike, which was more than fair, more than the actual value in fact.

We are raising our coverage on our UIM part of our auto insurance, in order to not be caught out with a more serious accident were it to ever happen.

Injuries were 3 broken bones in his face, repaired in surgery, but he still has a problem fully closing one eye, and has to use drops all the time. No way of knowing if the nerve damage will resolve or not.

And.....luckily since the case was so uncomplicated, lawyer only charged us 25%, instead of the 33 1/3 we signed the contract for. Still, we could not have done this without him, the legalities are something you can't fool around with yourself.

Still, you can't really put a price on $$$ in exchange for going thru injuries and trauma like that. We feel lucky to get what we did, especially without all the waiting, time and hassle of a drawn out case.