Head on w/injuries in NY, Not Happy With Offered Settlement

[Kita]

Being told that 100K (before attny fees) is all that is available to us. After two operations we are not happy with this amount. Head on collision by drunk correction officer, arrested at the scene and refused breath test. Wife and son injured, wife has now undergone two sugeries, has bulged discs in neck and limited use of shoulder and hand. What can be done to find out if more is available to us? Attorney also made several mistakes. Is a second opinion a good idea?

 

[ecmst12]

If the policy only has 100k in coverage, then the insurance company WILL NOT pay one penny more then that. Your only chance to possibly recover more would be to go to trial, get awarded a judgement of more then the policy limits, and hope that the at fault party has assets you can collect from. Other then that, if you have underinsured motorist coverage with limits higher then 100k, you can file a claim on that policy. Or you can look to your health insurance to cover additional bills.

 

[HomeGuru]

Being told that 100K (before attny fees) is all that is available to us. After two operations we are not happy with this amount. Head on collision by drunk correction officer, arrested at the scene and refused breath test. Wife and son injured, wife has now undergone two sugeries, has bulged discs in neck and limited use of shoulder and hand. What can be done to find out if more is available to us? Attorney also made several mistakes. Is a second opinion a good idea?

**A: yes and maybe a new attorney is a good idea.

 

[Kita]

Our B I Liability is 300k/300k, Additional PIP 100k/2k and Supp Underinsured 100k/300k. Attorney is telling us that the 100k on other persons policy cancells out our 100k uninsured making the total 100k. In my sons case they are offering 10K and no more. Is it usual that the attorney accepts a signed statement from the other party stating that they have no other insurance coverage? Also, a dedline was missed for collecting lost wage payment and the attorney is blaming us/we are blaming him. Who do we go to for advice, another attorney? We felt that this case was worth way more than the 66k that we'll end up with and now we're looking at a loss of wage claim ammount of aprox. 15k.

 

[ecmst12]

Are there permanent injuries? How much were your medical bills?

 

[Kita]

We consider the injuries permanent. After these two surgeries, shoulder and hand, and from past experience they will never recover to 100%. I don't know the exact amount of the med bills but there were many doctors visits, medications and two surgeries plus phys. therapy. Why do you ask? What if a limb was lost, the only moneys you would be able to recover would be the max of the limits of the insurance?? The attorney never did an asset search and is just accepting a signed statement that there is no other insurance, is that appropriate? Also when a dedline is failed to be met for a wage loss claim is the attorney, who was handling all matters pertaining to the case, at fault? He is denying any responsibility.

 

[fcobarr]

Kita - you are a little unclear on if at fault pary has offered you the policy limits for settlement or not. You say the their policy limits are $100K, but you don't indicate if this was offered to you.

Unfortunately, "We consider the injuries permanent" and "We feel it's worth more" are not arguments that have any legal basis. Has your attorney sent you to see an expert witness and get their evaluation/diagnosis indicating what future limitations are with the injuries sustained and what medical care may be needed in the future? This will help indicate what is permanent and what is not. For example, while your wife may not have recovered 100%, how much has he recovered? 30%, 50%, 75%? This will also help determine what the permanent injuries are. Is she still in therapy, or has she progressed as much as possible from therapy?

I can relate. I was in a head on collission (Nov 06) where we flipped and rolled and my wife was severly injured....broken neck, lumbar vertebrae, pelvis, arm, foot, etc. Almost $200K in medical bills and still going. I have learned alot about the insurance process and working with attorney's. When was your accident? The settlement process can take a while even when everything is clear cut (as in our case).

I don't know the contract you have with your attorney, but any expenses they pay out will come out of the settlement too. For example, if you go to trial, there are many more fees that will reduce your settlement. Even if you win a higher judgement than the $100K, if the at fault party has nothing to go after, the insurance will still only pay out up the policy limit, but you will pay many more fees from expert witness's and such for the trial.

Consider your options carefully and make the best decision with the information you have. Remember, no one will look out for you as much as yourself. Good luck.

 

[fyrered]

attorney responsibility

We consider the injuries permanent. After these two surgeries, shoulder and hand, and from past experience they will never recover to 100%. I don't know the exact amount of the med bills but there were many doctors visits, medications and two surgeries plus phys. therapy. Why do you ask? What if a limb was lost, the only moneys you would be able to recover would be the max of the limits of the insurance?? The attorney never did an asset search and is just accepting a signed statement that there is no other insurance, is that appropriate? Also when a dedline is failed to be met for a wage loss claim is the attorney, who was handling all matters pertaining to the case, at fault? He is denying any responsibility.

every state has a state bar where attorneys must rgister before they are allowed to practice with that respected state. their are rules for attorneys they must follow when representing a client. i know for a fact in all states if a attorney mishandels fails to file motions fails to send or request documents etc it violates the state bar they are practicing law in by the term professional rules egulations of attorney conduct. in each state a attorney can be investigated by the state bar and suspended required to due further education hours of law ethics etc for misconduct. i had to do this is exact thing i had a attorney who di not file in a timly manner for a motion nd as a result my motion was denied i reported him to the va state bar where my case happened and he was suspended at the disiplinary board the state bar held for 30 days to practice law required to undergo 7 hours additional law ethics education and we waited for the trial which is called the disiplinary actions board which is held by the board in front of the supreme court to determine further course of action. at this hearing te state bar keeps records of prior attorney complaint records he or she has been found guilty of and because he had 2 previous convictions by the state bar his liscense to practice law in va was susspended for 2 years. alls you ave to do is google your state name example: va state bar. in your states bar it will give ou links how to go about filing a complaint about a attorney filing a complaint of misconduct. and you can search the disiplined attorney data base to see if he has been reported before and see if he has been convicted by the state bar for the same type of case and read about it. you can find ot lots of great stuff about dirty attorneys etc. i also recommend cecking out each attorney with the state bar before you hire them it can save troubles like this in the long run. hope this helped.