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When and how much to settle

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dcpjmp

Junior Member
What is the name of your state (only U.S. law)? Texas

In April 2009, while working as a crossing guard, I was it by a car. She did stop at the stop sign then turned into me, needless to say I ended up across the hood of her car.

I did go to the hospital by personal vehicle, had xrays and given medication. I was also referred to a orthepedic (sp?) for follow up. After seeing him for a few weeks,giving me pain and mucsle anti inflamitory prescriptions, two weeks of physical therapy he referred me to a pain management doctor.

The pain management doctor has done two sets facet injections in to the C-4, C-5 and C-6 with short term (1-3 days) of relief. After having an MRI, which found a small bulging disc in the neck, he now wants to do a rhizotomy (burning of the nerves) which scares me. Everything I have read about this procedure shows it is short term (6 months to 1 year). The pain management doctor does not feel the bulging disc is causing the pain since it is small.

My primary doctor has taken me off the medications because of the severe side effect they were giving me, so now I cannot take anything for the pain and I have not been able to see the pain managment doctor for a couple of months.

My question is, the woman's insurance company is contacting me to settle and I am not sure I want to right now. I really want to go back to the pain management doctor because the pain is just getting worse. By the way, she was driving on a suspended license and I have witnesses including an off duty police officer. How do I know when it is ok to settle? I have no idea how much to settle for either. I know this accident has created problems in my life as I am use to do things on my own but now I cannot do simple task like mowing the yard, putting up holiday decorations, cooking meals has even become a problem due to being on my feet.

I have a hard time working as I am a subsitute for the school district now and it is hard to be on my feet all day or even sitting for more than an hour or two. I don't get called on to sub as a crossing guard anymore, either.
 


JETX

Senior Member
By the way, she was driving on a suspended license
Not relevant.

How do I know when it is ok to settle?
1) You settle when the doctors have told you that your treatment is ended.
2) You MUST settle or start legal action on or before the SECOND anniversary of the incident. That is the SOL allowed for a personal injury in Texas.

I have no idea how much to settle for either. I know this accident has created problems in my life as I am use to do things on my own but now I cannot do simple task like mowing the yard, putting up holiday decorations, cooking meals has even become a problem due to being on my feet.
No one can tell you what is 'reasonable and customary' since there is no such thing in this type of claim.
Get the best settlement you can. If you aren't happy with their 'final' offer, you might consider talking with an attorney (who will take a MINIMUM of 35% of whatever you eventually settle for).
 
Last edited:

las365

Senior Member
2) You MUST settle or start legal action on or before the fourth anniversary of the incident. That is the SOL allowed for a personal injury in Texas.
The statute of limitations for personal injury cases in Texas is TWO years.
 

ecmst12

Senior Member
That's what my info says too, 2 years for personal injury. It would be 4 years to make a claim on one's OWN UM/UIM coverage.
 

JETX

Senior Member
Hmmmm......
I admit I was lazy on this one and relied on the information from a website which says "4 yrs from time of wrong" for personal injury.
Statutes of Limitation -- U.S. States

Y'all are correct....
From Texas 'Civil Practice and Remedy Code'.....

Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD.
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
 

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