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I was in a car accident last year and well my medical bills are way above $50,000 and it was other drivers fault

Cumming, GA |

i was rear ended in a car accident last year and now after little over a year i was told my surgery would cost $90,000 and this boy that hit me was 19 to 20 years old and we dont have enough left in the insurance policy to cover my surgery what can i do should i settle my case now and file for medicaid me and my fiancee is worried and the pain is terrible please help

i have had alot of black outs went thru epidural shots and everything went to see nuerosurgeon and he told us it would cost us $90,000 to have surgery and we only maybe have about $60,000 left in our limits the boy is too young to sue or take to court as he has no assets as he is only maybe 19 to 20 years old and my coverage is only $125,000 my lawyer wants to close case and get medicaid but we are not sure what to do would really like advice from other attorneys please

Attorney Answers 7


  1. Best answer

    You need to address your concerns with your attorney. I hope you found my answer helpful.


  2. Where your attorney has all of the facts and the history as to how this accident has so seriously impacted your life and will continue to impact your life you need to rely on the advice of your own attorney. On it's face, based on the summary, the advice sounds correct.

    I have had my own clients talk to others about a particular concern that they have and the things that people tell them, people who have absolutely no knowledge about the full context of their case, are nothing short of irresponsible. People that second-guess often give second-rate opinion.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  3. Your lawyer should find all available insurance coverage. From your question it sounds like he/she has. In the end it's the insurance companies that will pay you. Even of you get a judgment against the person who hit you, he can file bankruptcy. Unfortunately in your situation it appears that there is not enough insurance to cover your losses. I'm sure you have a good lawyer, you should discuss your concerns with him/her.


  4. Your lawyer is best equipped to maximize recovery from your policy and his policy. No one here will have the details to second guess him.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  5. As the other attorneys have said if you have counsel this is a discussion for them.

    If you do not have an attorney you should retain one quickly. An attorney will seek to discover all available coverages.

    Some insurance coverages may already be expired.

    Good luck.

    Ty

    This response is for general information only, no attorney client privilege has been established by this communication.


  6. Your lawyer would be able to advise you best. Make sure your lawyer isn't deducting a high contignency fee (30% or higher), so you are left with the lion's share of the settlement, not him.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. Make sure your lawyer does an asset check on the defendant before accepting the policy limits and make sure there is no UM or UIM coverage available If there is , accept with a limited release only.

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