The only thing I would add is to reinforce that no attorney is going to concern themselves with the property damage. You should demand a market survey if you believe they are low-balling you on the truck. That said, it was a 20-year-old "smaller" pick-up. The insurance company is only obligated to pay you the fair market value, regardless of how well you cared for it.
Whatever your husband decides to do, NO decision should be made to settle until he is examined by an orthopedic surgeon to make sure that he was not injured more seriously than he realizes. The medication he was taking COULD be masking his pain. Apprehension about driving adds nothing to his case unless it is so bad that it merits additional psychological care AND the therapist relates the need for the care to the accident.
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Listen -- your husband needs a personal injury attorney IMMEDIATELY! He was hurt by a semi and his vehicle was totaled. While his focus on medical care is appropriate and warranted, he also need to look at his future and solidify any claim he may end up making -- which is best facilitated through counsel.
Do not delay! The insurance company for the truck driver is going to be reaching out to pin your husband down on just how healthy he is -- they are not his friends!
Good luck to both of you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
YES. A commercial vehicle wreck is not like a passenger vehicle wreck. Do not treat them the same way. Commercial trucks are governed by different regulations, called the Federal Motor Carrier Safety Regulations, which may provide additional theories of liability and damages, including punitive damages, which are intended to punish and deter the wrongdoer. Few lawyers are qualified to handle trucking cases. Do your homework. Make sure that the lawyer you hire has experience not just handling car wreck cases but cases involving commercial vehicles. Consult a lawyer as soon as possible.
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Definitely time to consult a local TN personal injury attorney!! - either one of the attorneys who responded to your question or another listed on AVVO
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.
Insurance adjusters LOVE it when you attempt to resolve this type of claim without the assistance of a personal injury attorney. They are trained to minimize your harms and losses and pay you as little as possible. The insurance company Only cares about paying you as little as possible. Please consult with a personal injury attorney immediately. However, before you do anything else, your husband should be examined by an orthopedic surgeon to determine the nature and extent of his injuries. Good luck. www.urhurt.com
By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.
First, if he is hurting then he should go and get treatment right away. That means today, right now, somewhere. There is no need to suffer if he can receive treatment. And If he doesn't get treatment then the insurance company is going to try to say "he must not have been hurt that badly".
Next he (and you) need to stop talking to the insurance company. Often they will record what you say and try to use it against you. Finally, you need to go out and find a good lawyer that you trust to help you. They will be able to better tell you what you need to do next. If you have a relationship with an attorney right now call them and ask if they can help you and if they don't handle these types of cases ask them if they can refer you to someone they trust.
If you want more information please feel free to check out my website at www.LawFerrell.com. I've got a lot of information on it that you may find helpful.
Good luck - Jami
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