auto accident with injuries

[dorothy27]

What is the name of your state? The state involved is Vermont. I am trying to help my elderly mother with a big problem and don't know where else to turn. Two years ago she was stopped behind two other cars waiting for the first car to turn into a bank. She was hit from behind pushing her trunk into her backseat and bulging her doors so she could not open them. The police came and never asked her if she was hurt, made her crawl out of the passanger side over a stick console and back in again to move the car. She is 76 years old! The young woman that hit her was on a cell phone when she hit her. My mother sustained a "severe jolt to the neck and back" per the ER doctor which she saw the next day. She went to Pt for months, her blood sugars sky rocketed so she had to use insulin, she has been in severe pain and has been depressed since the accident. I've watched my very active mother sit in a chair all day because she was in too much pain to move. Her car was completely totalled and now has to make care payments. Both parties have the same insurance company, Allstate. They have offered my mother 10,000.00 but she has to pay all medical bills which are over 4,000.00. Her lawyer is telling her she can't get much for pain and suffering these days. My question is this: is pain and suffering the same as punitive damages? I suggested she demand future medical payments if and when necessary. What would you suggest she do? I don't want my mother to suffer any more than she all ready is but, I don't want her to have to pay AGAIN for something that is not her fault. She's paying enough with the pain she's in. What I'd also like to know is what are her rights when it comes to getting back to where she was before the accident. Thank you for any help you can give me. Deb

 

[JETX]

I am curious what you are asking from this forum. Based solely on the information in your post, she would clearly have a valid claim for pain and suffering plus compensation for current and future medical expenses. However, your own post says that HER attorney (who certainly has access to ALL the facts and medical reports) seems to be down-playing her claim for pain and suffering.

Personally, I would consider talking with another local attorney.... and fast. If a lawsuit has NOT been filed yet, the time allowed (statute of limitations) is probably very near!!

 

[dorothy27]

reply to Jetx

I am trying to understand why this lawyer choses to not push the insurance company. He's telling my mother if they go to court she will not get any more than the offer of 10,000.00. I forgot to mention out of that money she has to pay her own medical. I would also like to see her compensated for the pain and future medical bills that may or may not occur. She has been financially strapped since the accident having to pay a car payment. The insurance company will probably drop her after this case is over and at 76 years old, it may be hard for her to get insurance. She has a wonderful driving record and because she got hit, is suffering and she shouldn't be. I want to help her but, my field is medical not law.
He is telling her he will take it to court if that's what she wants but, she won't get any more from Allstate, they are hard to get money from. How is it that this insurance company has so much power that lawyers are afraid to push for the rights of their clients. Thank you so much for answering so quickly. I've told my mother to go to court but, she's tired and I don't want to push her. Both parties have 100,000.00 coverage for medical.

 

[knotcops]

Take JETX's advice and consult another attorney.