Should I get a lawyer?

Confused235 · #1 07-25-2005, 10:46 AM

What is the name of your state?NY

I was injured in a car accident 3 months ago. I went to the ER and followed up with a doctor. That doctor basically told me that my injury would get better on its own; that I could go to physical therapy if I wanted but, I didn't need it. I didn't go for physical therapy, but since my injury didn't get better, I decided to get a second opinion. Before my appointment I was scheduled to go see a doctor for my boyfriends ins. company (I was driving my boyfriends car). The doctor said there was nothing wrong with, so the ins. comp. said they wouldn't cover any medical bills after the date that I saw their doctor. My second opinion said that I do need physical therapy, but I am a full-time student and do not work, so I can't afford to go back to the doctor, nor go for PT. I am positive that I am still injured, I even still have major bruising (3 mths later). The other driver's (who had no license, and was driving a company vehicle) ins. comp. is accepting full liability for the accident. They have offered to pay for the school loan I had to take out to retake the classes I had to drop out of, and they are offering to cut me a check for the PT visits I will need. I think they are doing this to protect the company they ins. They also made an unfair offer to my boyfriend, for the property damage (the car was totaled).
My first and foremost concern is making sure that my injury gets better, but I'm afraid that if they cut me a settlement check and I need extra medical care I will not be able to afford it. On the other hand, if I get a lawyer and have to wait until the case is settled, I may cause permanent damage. Either way I can't get the treatment I need until I get money! Please, help...I have to call their ins. comp. to let them know what I want to do. Besides, I don't even know who I would go after if I got a lawyer.

longneck · #2 07-25-2005, 11:55 AM

you definately need a lawyer here.

but just so you know, in your case, the insurance company will probably require you to sign a release. make sure the release allows you to come back and claim further damages if the current settlement offer ends up not covering all of your medial bills.

Confused235 · #3 07-25-2005, 12:47 PM

Does that mean that I can take money from the ins. comp. now for PT, and still take them to court if it is necessary at a later time? Of course, this is assuming that I don't sign a release, as you said. Also, I've heard that I can't take the other drivers ins. comp. to court. That I have to sue either the company, the driver, or both. I'm not looking to go to court if I don't have to, but I'm also not settling for nothing. --Thanks for your input!