Skip to main content

Hurt while driving county work van.Rear ended.Lasting mild traumatic brain injury.Have not drove in 9 months.Severe headaches.

York, PA |

I carry Full Tort with stacked limits.Doctor bills at 40,000.The lawyer I have has never said what kind of insurance the driver who hit me has.My spouse is on disability and I am very worried about my loss future earning power.I have no idea if we are gonna lose the car we owe a little amount of money on because they are trying to stop benifits.From what I have read on this site I may have grounds for a serious court case.Yet the Attorney I have has not said anything....Basically wondering that if I can't earn if we are gonna have to live on one check or if I can apply for SSI disability...

Attorney Answers 13


  1. You should schedule an immediate face to face meeting with your attorney and discuss all your concerns - do not meet with the secretary, paralegal etc, only the attorney.

    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.


  2. Call and schedule a meeting with your attorney. He is under an ethical obligation to keep you informed.


  3. It is certainly concerning that you are so uninformed about so many aspects of your claim. You need to immediately meet with your lawyer and ask your questions of that lawyer and receive adequate answers to reassure you that the lawyer knows what they are doing. You did not mention your worker's comp claim but I presume that is properly in place. If not, you need to reevaluate your legal representation.

    No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.


  4. You need to insist on a fifteen minute in person, face to face appointment with your lawyer within the next week or so. If you cannot schedule this or are given a hard time, hire a new lawyer.


  5. You seem to have both types of lawsuits. One for Workers Compensation and a Third Party cause of action. You should be collecting Workers Comp and if it is running out, then you should have also filed against the Third Party Driver. You need to have a conversation with your attorney and discuss your concerns. If he does not respond to your inquiries and you are not satisfied, get a free consultation with another attorney in your city and ask for a second opinion. PA may be one of those difficult states where if you are a little at fault , you may not recover anything. So talk to your lawyer right away. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  6. I agree with the recommendations of the other counsel on Avvo.
    I would add that you should take a family member with you to the consult with your lawyer because you have a head injury and I'm not sure how it affects your thinking and memory. I suggest asking your lawyer to send you a letter confirming his approach to the case including a description of what is happening in relation to the claim against the driver who hit you. It may help to have it in writing. If you do not get a satisfactory response from your lawyer, find and hire a new one ASAP. If you need a recommendation for counsel in the York area,feel free to call my office at 215-576-5150.
    Your lawyer should be happy to answer your questions - as long as you aren't calling every day. Perhaps writing a list of questions would make the process more efficient for both of you. Good luck!

    Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.


  7. It sounds as if you have a very serious injury and that you are entitled to very significant compensation for your Pain & Suffering, Medical Expenses and Past and Future loss of income and earnings potential. You wife also has a significant claim for Loss of Cosortium. If this happened while you were working, you should also have a Workers Compensation claim which should be paying your medical bills and loss wage benefits. If you have a permanent injury, then you should also be eligible for SSI Disability. You may also be entitled to Underinsured Motorist Benefits.
    I suggest you set up an appointment with your attorney to review all aspects of your case. If after that meeting you are not satisfied, you should consider hiring an attorney who only handles serious personal injury claims so that the correct type of experts can be used to best prepare your case.

    Best of luck with your claim.


  8. It is time for you to contact your attorney and arrange a face-to-face meeting to discuss the status of your medical treatment and the status of your claim. You need to open up a line of communication to your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  9. As stated by everyone else who has answered this question, you should call and ask (insist) to meet with your lawyer to discuss your case and your concerns. With the amount of damage you have sustained you are definitely entitled to a meaningful meeting with your lawyer.


  10. Best bet is to retain a lawyer with experience handling brain injury cases, and not the local lawyer on tv. Retain a lawyer with a low contingency fee, less than 30%, so you don't get hurt twice.


  11. All of the attorneys have offered you good advice. I am curious to know specifically what you mean by Full Tort with stacked limits. What is your UM/UIM coverage. That might be your ultimate protection.


  12. Brain injuries are so difficult to deal with, even mind traumatic brain injuries can have a major impact on the victim. As my colleagues have said, you need to sit down with your attorney and get your questions answered. Bring a family member or someone else you trust with you because even without a TBI dealing with this kind of a case can be extremely confusing. Get the attorney to explain to you exactly what he plans to do going forward, and have him fill in any holes in your knowledge.

    You may have grounds for a serious case, and from what you are saying it sounds like you have both a Workers' compensation case and a third party case, as one of my colleagues noted. Discuss this with your attorney as well.

    You might be able to apply for SSD or SSI (which one depends on your work history.) This is something else to discuss with your current attorney.

    I am very sorry you were injured so badly.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.


  13. Probably smart to get a Philadelphia lawyer to get you compensation, and one with a very low contingency fee and no costs, so you are left with a few dollars after the lawyer takes his huge fee.

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics