it has been over two years since my accident & would a lawyer have a claiment take cervical surgery without knowing if there is enough to cover surgery , loss wages ,etc.?
In addition to what others below have said, don't just assume that the defendant only has $30,000 in liability coverage. I never take what an adjuster tells me over the phone as being true. In countless cases, I have had adjusters tell me 'wrong' when it comes to policy limits or coverage issues. In addition, there may be other policies available to the defendant that the adjuster does not know about, or is not volunteering to tell you about. For instance, there could be umbrella or excess liability policies, the defendant could have been working at the time of the collision in which case there could be business liability policies that apply, etc. Then, as others have pointed out, an exhaustive search of underinsured motorist coverages should also be done for all of your resident family members, etc. This is technical stuff, and review by a qualified NC personal injury lawyer would be prudent.
I agree with the last statement. If you haven't already, I would also encourage you to review your own insurance policy to determine if the limits of your Underinsured Motorist Coverage exceed North Carolina's minimum liability limit of $30,000.00. If that's the case, you'll have additional coverage even if the at-fault driver only had a minimum limits policy.
Your decision whether or not to have surgery should me made on the basis of your conversations with your physician and the likelihood that it will improve your life. That is the only factor that you should consider as to whether you should have the surgery.
As a separate matter, yes you should retain an experienced personal injury attorney in your jurisdiction to explore all coverage options. The statute of limitations in your state is 3 years and no professional likes to be hurried at the last minute so I highly reccomend that you make this a priority now.
You need counsel. Why? Because there may be other dollars avaiable to you through your own carrier. Likewise, an experienced personal injury attorney can negotiate the medical bills due and save you real money in the process.
I wish you luck and I hope the surgery turned out well.
My firm handles catastrophic car accident injury cases, brain injury cases and wrongful death cases in Miami, Florida. In addition to the good comments of other attorneys about additional insurance coverage that may be available, I feel compelled to state that neither I, nor the attorneys I know, ever have a claimant do a surgery - that is a medical decision between the patient and the surgeon. We commonly answer questions about insurance policy limits in car accident cases in Miami, Florida to educate our clients and give upside's or downside's of a case, but never tell a client to have surgery or not have a surgery because there is or is not enough coverage.
Insurance coverage issues can be very complicated. There are many ways to investigate the extent of insurance coverage and many of those were discussed by other attorneys in response to your question. In addition to insurance coverage, the person who caused your injury may have personal assets that would be available to cover your medical expenses and your pain and suffering. Although many attorneys do not consider anything other than an insurance policy, there are other ways to collect a judgment or to obtain assets for a settlement. Personal property and company assets are always a possibility. Talk to an experienced attorney who handles complex claims and you will find yourself in good hands. Good luck with your recovery.
Krompecher Law Firm, PLLC
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