Or is it just what your policy covers? I was in a hit and run and I'm covered on my moms uninsured policy of 300,000 these were my injuries,
traumatic subdural hemotoma, bleeding in brain, jaw fracture, right fibula and tibia, open reduction, internal fixation, new knee cap, Rods, screws, and plates, 1 on face. Jaw wired shut, cyst on scrotom from impact, 4 surgiers on leg any advice is appreciated
The policy would cover all injuries sustained up to the limit of the policy. You were certainly seriously injured. If you don't have an attorney, consult with one immediately. There are time limits to make such claims and a lot of legal work is required to ensure a successful result. Good luck and hope you have a speedy recovery!
I think I laid this out for you yesterday. Your maximum recovery will be the limit of the SUM/UM policy, which in this case is $300,000. There is no driver to go after since it was a hit and run. My experience in the Bronx, which is the most favorable venue in the city, is that your injuries are worth several times more than the $300k if the case were tried to verdict. I recently got $1,000,000 in Brooklyn, the second most favorable venue in New York, for the head injury alone. Unfortunately for you, you are limited to the policy limit here. The carrier will not give you the full value of your injuries if you don't have a lawyer. The first thing they will tell you is that you are effectively going to get 1/3 more than if a lawyer took a 1/3 fee, so you should accept less money. Some lawyers, like my firm, are willing to take these SUM/UM arbitration cases at a discounted fee. Don't try to do this alone.
You NEED to hire an effective & aggressive personal in jury lawyer immediately in order to protect your rights. The maximum recovery for your pain and suffering is the policy limit of $300,000 for ALL of your injuries. I suggest you call either my office or any of the other personal injury lawyers on Avvo for a free consultation, either in person, or on the phone. Some lawyers will even take your call today or tomorrow.
PS: Have you hired a lawyer who you do not have confidence in, or are you trying to do this yourself? Either alternative is bad.
Fortunately, your mother had a good insurance policy with uninsured coverage of $300,000. Many people have the NYS minimum of $25,000. You will not be able to get more than the $300,000 limit of the policy. A claim must be made within 90 days of the accident but I have successfully made claims as long as 2 years later when a client's prior lawyer didn't make it. However, waiting is foolish and very risky. It is extremely unlikely that you could get any more money, but I recently settled an uninsured claim on a $25,000 policy for $155,000 for a client who was severely drunk (.203 BAC) and had a broken ankle.
The injuries you describe are all extremely valuable. We settled a case with bleeding in the brain for $1,200,000. Of course, your injury could be worth more or less. Likewise, each of your other injuries can be worth 6 figures each. But you are limited to receiving only $300,000. The insurance company should offer to pay $300,000 quickly without a fight. Your lawyer should not have to incur much legal expenses in your case. We waive the expenses in a case like this.
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