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

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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Answers (3)

Peter Robert Stone

Peter Robert Stone Avvo Pro

Contributor Level 7
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

Theodore John Koban

Contributor Level 4
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

Bryan David Caulfield Avvo Pro

Contributor Level 4
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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