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Do I need a second opinion regarding a personal injury law suit?

Asked over 2 years ago - Vidor, TX

I was the victim of an auto/pedestrian incident which altered my life completely. 14 mos later my atty informs me that the ins co will only pay the maximum amount of liability of $25,000. That is before his fee and the medical bills already exceed $25,000. Also, one of my injuries resulted in a life-long chronic neck injury that cannot be healed. Another one of my injureis resulted in shoulder damaged that can be partially corrected thru surgery, that I cannot afford to pay. One week ago, my dr informs me he will no longer treat me under a letter of protection. My dr will not continue to prescribe my medication without being seen in his office. I can make an appt if I can pay the $175 office visit which I also cannot pay. This same dr reccommened that I apply for disability. Pls advise

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Attorney answers (4)

Peter Robert Stone

Reputation Level 15

Answered over 2 years ago. Personal Injury Lawyer in Sacramento, CA.

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YOu need to call your attorney and discuss your options. YOu need to find out if there is a way to obtain tratment under a county or state program.

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Theodore John Koban

Reputation Level 13

Answered over 2 years ago. Personal Injury Lawyer in Attleboro, MA.

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The amount you can ultimately recover is limited by the amount of insurance coverage the negligent party had and the asetts they may personally possess. If the maximum coverage available is $25k then all you may be able to collect from the negligent party is $25k regardless of how badly you have been injured. Ask your lawyer about the policy limits of the negligent partty and if any other insurance coverage is available for your claim. If there is more coverage tell your lawyer you want to go to trial. If there isn't more then you may have to settle for $25k. If you are not going to get any money out of the settlement why bother settling the case at all. You might have to consider a bankrutpcy filing if your medical bills exceed your abilty to pay them.
The first step is to address these questions to your attorney.

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Bryan David Caulfield

Reputation Level 9

Answered over 2 years ago. Personal Injury Lawyer in Clearwater, FL.

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From your inquiry it sounds as though the major source of your frustration is the fact that there is not enough insurance available in the case to pay you the fair value of your injuries. Before you seek a second opinion you should sit down with your attorney to discuss what options you have against the at fault motorist/owner that had apparently only $25,000 in total coverage when your injuries exceed this amount. You will have to explore the at fault parties assets as well as confirming any possible coverage available to you from underinsured motorist coverage, if you or any resident relative had this coverage. If this is in fact not available to you, then your area of inquiry will be whether the at fault party(s) coverage is all you can get, or whether it is advisable to sue them above their available policy limits because they posess assets above their policy of insurance. If after this discussion you are still uncomfortable that all available avenues of recovery are being explored, seek a second opinion before agreeing to any settlement.

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Thomas Allen Herald

Reputation Level 7

Answered about 2 years ago. Insurance Law Lawyer in Arlington, TX.

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You need to discuss your concerns with your attorney, and not with a legal assistant. Sadly, there are many cases where the person who causes a wreck, the "tortfeasor," either has no insurance or insufficient insurance and assetts to cover the injured person's damages. In those situations, we look to see if there are other sources of recovery for the client. We investigate whether the tortfeasor was in the course and scope of his or her employment and may have additional insurance or resoulrces available to compensate the client. We investigate whether the tortfeasor was intoxicated that would enable us to pursue a dram shop claim against the commercial provider of alcohol. We also look to see if the client has their own insurance coverage (Uninsured/Underinsured Motorist Coverage, Personal Injury Protection benefits or Med Pay coverage) on their own auto insurance policy.

Unfortunately, most of the time, if there is no insurance or insufficient insurance coverage, a person such as yourself can sustain life altering injuries and not be adequately compensated.

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