Car totaled and received fair settlement already (12k). Neck disc herniation c7-t1. 4 months physical therapy with little improvement. Dr indicates may take up to 1 yr to heal. Medical bills are paid for by PIP in Pennsylvania. Lost time at work only for therapy/dr appt. At fault driver's insurance co. keeps calling each month to see how I feel. What are my next steps? Should I ask them for settlement?
I would suggest that you contact a local area personal injury attorney. Most personal injury attorneys offer a free initial consultation. Talk to a few and then choose one you feel comfortable with and who is very experienced. You have been injured and may have unknown issues at this time. You should be treating and getting yourself well. Continue doing that and retain a good attorney to help you with the insurance process. Believe me, he/she will know when to ask for a settlement. Sorry you were injured and I hope you get better soon. Best of luck.
You have a serious injury which is likely to be permanent. You should not attempt to negotiate a settlement with an insurance company yourself, and you should not be discussing your medical condition with them. You are not only entitled to be compensated for your past pain and suffering, but you are also entitled to be compensated for your future pain and suffering, lost wages, unpaid medical expenses and future losses. I would suggest that you immediately consult with an experienced personal injury attorney who can evaluate you injuries and either negotiate an appropriate settlement or represent you in a lawsuit to protect your rights. I would be pleased to discuss this matter with you.
Stop talking to the at fault driver's insurance company. You think you know what you are doing but you are inevitably damaging your case. An experienced PI attorney is critical in a case like yours. Call and order my book "the Pa Accident Book" at 215-576-5150 and ask that it be overnight delivered. A good lawyer will always do better for you than you could possibly do for yourself! Good luck!
YOu suffered a serious injury and you are making serious mistakes. First of all you need to retain counsel. With this type of injury you cannot handle this on your own--unless the person who hit you had the minimal coverage in Pennsylvania and you are asking for it all. The insurance company probably won't tell you the amount of coverage.
You ask whether you should ask for a settlement. The answer is no. Here is the most important reason why. YOu still do not know the extent of your injury. YOur doctor tells you it may take a year to "heal." What if it does not heal and you need surgery. Once you settle on an injury you think will get better in a year and then you need surgery or your condition does not get better, you're done. YOu cannot go back and say your injuries are worse than you thought. YOu have two years to file a lawsuit from the date of the wreck. Your attorney will make sure your rights are protected and preserved. There is also the issue of underinsured motorist coverage. If the other side does not have enough insurance to cover your loss and injury you can make a claim under your own auto policy if you have this coverage.
Again, retain counsel as soon as possible and stop talking to the other sides insurance carrier. Nothing good will come of that. They are not asking how you are doing because they care--well, they care to not pay you very much--that's all they are interested in.
YOur concern is that the liability is clear and you do not want to give up any of your money to an attorney. A lawyer's job will be to get you more than you can get yourself.
First, I am sorry to hear that you have been severely injured. I agree with the prior answer. You need to speak with an experienced personal injury attorney. My office offers free consultations. Please feel free to check out my office's website at www.zolalaw.com and call for a consultation.
Disclaimer: The answer provided does not create an attorney-client relationship, nor does it provide legal advice.
Do not attempt to settle until your doctor indicates that you are at MMI (maximum medical improvement) which given that kind of injury will take a while. The very next thing you should do is go see a personal injury attorney. Your case has significant value, and you will not get full value on your own.
You have a serious injury. Don't be foolish, consult a local personal injury attorney. Even attorneys generally do not represent themselves when injured in an auto accident. You are at a very distinct disadvantage in dealing with trained insurance adjusters - I know since I used to train claims adjusters. I do not have a dog in this fight since I do not practice law in PA - I am just trying to give you some good advice.
Where did you receive the $12k settlement from? If you did not settle with the tortfeasor (the person that caused the accident), you most certainly have an active claim.
You would have damages for the lost time from work, the medical bills and your pain and suffering. You should pursue this action based on the injuries/damages you described. I would highly suggest that you contact a professional personal injury lawyer to help you with this case.
I am assuming from the way you structured your question that the "12k fair settlement" you received was for the property damage that your vehicle sustained..... That being said, the issues surrounding whether and the extent to which you can make a recovery for pain and suffering, medical bills and/or wage loss is complicated and depends upon many different factors. You should have a consultation with an attorney. That being said, our office routinely handles both simple and complex automobile accident claims and automobile insurance issues in Montgomery County, PA. I would be happy to speak with you in more detail about the specifics of your situation. Please feel free to contact me directly via phone or email.
Michael J. Davey, Esq.
Eckell Sparks Law Firm
You should seek a free consult with a personal injury lawyer that handles motor vehicle accident claims. You probably should avoid any discussions with the other driver's insurance carrier. You are not really in a position to evaluate what value your case has while you are still treating for your injuries.
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