If your pre-existing condition was not giving you any problems prior to the collision, and it was the impact and injuries that caused it flare up, in Washington you can still recover for the totality of your condition. If the condition was not dormant and but for the collision, you may have had years, if ever, before that condition made itself known.
Now generally insurance companies and attorneys look at the jury verdicts to get some idea of the range for the value of a case. I doubt that your attorney asked for infinity because insurance companies deal with concrete numbers. Your attorney does need to start high and it could be she does not want you to have unrealistic expectations. It sounds like you were seriously injured and hopefully there will be sufficient insurance to cover a adequate settlement. Remember that in Washington the minimum policy is $25,000 so policy limits can mean anything from that amount upwards.
I hope you recover sufficiently so that you can get off oxycodone. Have a frank discussion with your attorney about what would be a realistic range for your case to settle for.
Demanding "infinity" probably isn't the best game plan.
Making a demand for the at-fault driver's policy limits has special significance under Washington law. If the insurer for the at-fault driver refuses to pay policy limits it is responsible for the full amount of any judgment obtained even if more than the limits purchased by the at-fault driver.
The theory behind the rule is that by refusing to pay policy limits the insurer is putting its own financial interests ahead of its insured.
I am sure that your attorney was just using a figure of speech and that she really didn't use that word with the insurance company. I would not get too hung up about that, although you could request that she explains it to you so that you can understand what she meant. As she also advised you, she was requesting the policy limits. This should give her the necessary flexibility to settle the claim in the event that your injuries are not worth the policy limits available to compensate you fairly.
Since you are always represented by an attorney in this case, I'd urge you to contact your attorney and ask her those questions.
Infinity can mean so many things and likely a figure of speech. Your lawyer is likely asking for the policy limits. This is a standard request in personal-injury law and often good starting position attorneys. It doesn't mean that the case will settle there, but certainly keep in contact with your lawyer ask him/her these questions.
This response does not create an attorney-client relationship. It is intended as general advice in a public forum. For legal advice on your specific case you should contact a lawyer to discuss your specific case.
I would imagine she is speaking of the policy limit, both for your insurance company and the at-fault party's insurance company. Communication is important in an attorney/client relationship, I encourage you to call for clarification since the statement obviously did not sit well with you.
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