You need to hire an attorney. You are not prepared to go to trial against State farm. They will roll right over you -- State Farm has a reputation of going to court over everything.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
Since your case is in litigation, I expect you already have an attorney. If not, get one.
Given the amount of bills, the $4,000 offer sounds low. I expect SF is claiing that all of those bills are either not related tot he accident and/or you got excessive medical treatment that was not necessary. Unfortunately, many insurance companies use that strategy in the hope that the court or jury will not believe you at trial. It will be essential that your doctor(s) will have to testify that the treatment is related to the accident and was necessary to get it covered.
Good luck to you.
I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.
You would want to retain a lawyer who takes many cases to trial, as the computer program the insurance company uses, Colossus, offers lawyers who don't take cases to trial frequently much less money.
Retain an experienced litigation attorney. Best of luck.
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I hope you have an experienced personal injury attorney. You are serious injuries. I also hope you obtained adequate medical care for your injuries. A personal injury attorney could help you with that. If you do not have an attorney, please hire one as soon as possible. That insurance company will run right over you because they can and in the end you will be stuck with your health care bills rather being fairly compensated.
You case may be under the mandatory arbitration (MAR) limits - it is hard to say with the little information you have given. Did you also lose time from work? Were they lost opportunities due to your injuries? If your go to through MAR it will be resolved quicker but be warned that State Farm routinely appeals arbitrations to make plaintiff go through trial. If you can improve your position at trial then you can get additional attorney fees - but that is usually a tall order. Your attorney with all the facts of your case in front of him or her can make a good decision for you.
You are at a roadbloack which apprarently you won't be able to overcome. You should speak with an expereinced personal injury attorney to determine if you have a realistic expectation and whether the time and costs of litigation are worth the involvement of a lawsuit. After speaking with an attorney you may find that your case is worth the current offer or slightly more. In that event after paying an attorney a contingency fee and expending time you may end up with less money. However, until you have a heart to heart discussion with an attorney you will not be able to make an intelligent decision.
At this point, you need an attorney, so if you don't have one then you should be looking for one. With broken bones and over $10,000 in medical expenses, $4,000 is WAY to little money to settle this claim. If you are still currently receiving medical treatment, then your attorney may want to wait a little longer before filing suit against the fault driver since you should have three years from the date of the accident to file suit. If the other driver was at fault, then the fact that you had no insurance is not relevant to this claim. Based on what you have said, State Farm has no basis for "going to litigation", so not sure what you mean by that. If you have an attorney, then you are probably going to litigation because State Farm's offer is unacceptable. If you don't have an attorney, then perhaps State Farm is telling you that you will need to go to litigation as a way of trying to scare you or intimidate you. Any attorney who is experienced in personal injury litigation will not be intimidated by this kind of threat, and nor should you be. The bottom line is this: 1) get all of the treatment that you need to try to completely heal from your injuries, and 2) get an expeirenced personal injury attorney to handle this claim because State Fam is trying to get off cheap and you shouldn't let them.