It can be both at once. Workers compensation will pay the medical and that claim will proceed. Once the patient is healed and the medical is finished you move forward on the accidebt claim against the at fault driver as well.
You cannot direct your insurance company what to do so there is no real challenge. The limited release is there to allow her to proceed against her own underinsured motorist insurance for more money. They in turn will come after you. I would call your own insurer and ask for a copy of the plaintiff's demand package and review it to see how big of a threat you are looking at.
Yes, the insurance for the other driver will cover the medical bills, lost wages and a reasonable amount for pain and suffering. With a concussion, be patient. You want to make sure your head is 100 percent clear with no long term consequences before settling out.
In the meantime, if you have health insurance, run it through that.
Your lawyer is honest and 100 percent correct. There are loan companies available out there but the interest rates are worse than pawn shops. Be very careful and be thankful you have a straight up lawyer working for you. If a lawyer ever offers to loan you money to get your business, you can be sure you will get taken by them in the end. Dishonesty is a habit
You only have two years within which to file the lawsuit itself. So you cannot wait that long. More importantly, it is likely that the insurance carrier will realize that you are filing bankruptcy. Technically the bankruptcy court will own the claim. The bottom line on this is it is a complicated situation involving an interplay between bankruptcy law and personal injury law. This is one that you cannot handle yourself
You are only legally responsible if 1) you knew that your friend had a lengthy history of careless driving (a negligent entrustment claim) and 2) your friend is found liable. Its hard to prove unless your friend has a disastrous driving record. Either way, your insurance will give you and your friend a free lawyer.
You can't sue for pain but can sue for punitive damages. The problem is some on that would sink to stealing your tax return likely has no money to pay any judgment you might get against them. The result is an expensive piece of paper to hang on the wall and no justice.
Under Georgia law, you must have medical testimony establishing that the crash was more likely than not the cause of the seizure. If this doctor won't do it, then get a second opinion. Without the medical testimony, the claim is not allowed before the jury and therefore will not be paid by the insurance company.
You can sue for whatever amount is appropriate. The correct question is whether there is insurance sufficient to cover the correct amount. Assume your case is worth $250,000. The 100k would pay out and if you have uninsured motorist insurance in excess of the 100k, it would pay next. Beyond that, you would hold a judgment against the driver for the balance, but without assets to pay it, the judgment becomes a nice picture on the wall. The reality is, you should negotiate a drastically reduced...