Hit By car at 12 years old and still suffering, what am I entitled to?

Hello,

I live in Bloomington, Minnesota. I am 16, when I was 12 (4 years ago) years old I was hit by a car while biking through a cross walk with a very large yield sign next to it, driven by an elderly woman with state farm auto insurance. It was very light out when I was hit, but by the time the police arrived (25 minutes later ) it was starting to get dark. My right arm was broken, my wrist and back are very bad now, and I am due to have shoulder surgery in about two weeks (due to being hit by the car) or so the orthopedic surgeon says. I have been to the chiropractor regularly since the accident, been to physical therapy dozens upon dozens of times for my shoulder and wrist, and now experience frequent headaches from the damage done to my neck. I am not totally sure, But I estimate the medical bills to date to be around 20,000 dollars. I am not totally sure how much the shoulder surgery is going to cost but it is being done at an orthopedic center, I expect it to be between 5 and 20 thousand dollars(not including p.t) (they do not know how invasive it will be). Which would bring the total medical cost to around 25 TO 40 THOUSAND DOLLARS. My parents along with a lawyer friend of theirs sent a letter to the insurance company informing them that we have not forgotten about settling and I'm not sure what else. I guess what I am saying is, how much should I expect to be able to get in settlement? or even a lawsuit? is there anything I left out critical to knowing this? would it be beneficial enough to justify hiring a law firm to represent me?

You should have your parents find a real personal injury specialist attorney to handle this case for you, not just a "lawyer friend". Then you can ask the lawyer these questions. It does not appear that you are close to being able to settle if you need more surgery.

ecmst12 said:

You should have your parents find a real personal injury specialist attorney to handle this case for you, not just a "lawyer friend". Then you can ask the lawyer these questions. It does not appear that you are close to being able to settle if you need more surgery.

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I'm sorry, could you tell me if 3x medical is an accurate expectation?

Not at all, there is no simple formula. Your case is complex and your injuries are serious and will affect you for the rest of your life - and that's a long time! You really need a professional to handle the case for you.

Plus the limits on the womans insurance policy will play a huge part in what kind of money you are going to get...

nomatter how hurt you are, state farm will not pay out over the limits...

So a lawyer, and a lawyer right now is what you need.

The clock is ticking....

In this case they do have plenty of time, the SOL is 6 years and doesn't even start running until the minor's 18th birthday. But the sooner you get an attorney involved, the better.

Banned_Princess said:

Plus the limits on the womans insurance policy will play a huge part in what kind of money you are going to get...

nomatter how hurt you are, state farm will not pay out over the limits...

So a lawyer, and a lawyer right now is what you need.

The clock is ticking....

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I'm confused, State farm limits what it will pay out in a settlement? What if somebody is is paralyzed, or blind? Would they just assume that they will be sued? I don't mean to put you on the spot, but above what dollar amount do you think would be unreasonable or beyond policy to ask?

Jhinrichs7vir said:

I'm confused, State farm limits what it will pay out in a settlement? What if somebody is is paralyzed, or blind? Would they just assume that they will be sued? I don't mean to put you on the spot, but above what dollar amount do you think would be unreasonable or beyond policy to ask?

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Ok, lets put it like this.

When you have a car, you are required to have an insurance policy to cover your liability at very least. The policy you purchase on a monthly to yearly basis has limits. meaning the coverage on the car and driver has a maximum amount payable to whoever is entitled to be compensated.


If the policy limits are 25/50 then the max they will pay to a person injured by their insured is 25,000$ thats it. its the insurance policy, not the policy of the company. (well its the policy of the company to never pay more then the limit on the policy) some people have higher policy limits, depending on what assets they have, and what they are trying to protect. the company will not pay out more then the limits on the policy the driver purchased.

the med pay is separate, but if they have 50k limit on medical payments, guess what your maximum amount for your medical bills will be.

You need a lawyer to look at your case. I cannot see the womans policy, maybe she owns a house you can go after, maybe she has an umbrella policy, many factors a lawyer really needs to go over it.

Have your parents contact one in the morning.

Banned_Princess said:

I cannot see the womans policy, maybe she owns a house you can go after, maybe she has an umbrella policy, many factors a lawyer really needs to go over it.

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Or, if she was elderly at the time, maybe she's deceased or in a nursing home.

Minimum coverage for bodily injury in your state is $30k per person. It's also a no-fault state, which means your parents' auto insurance pays your medical bills first until those limits are exhausted - state minimum coverage for that is $20k, but they may have had more. After that coverage is used up (called PIP coverage), your health insurance will pick up. The difference is that mom's auto insurance does NOT need to be paid back for what they paid for your bills out of any settlement you get - health insurance will. If your health insurance wasn't used for any bills, then ALL of any settlement you get, after legal fees and other expenses, you get to keep. That's a good thing. The no-fault laws in your state also say that before you can get money for pain and suffering, you must have suffered serious and permanent damage due to your injuries - but it seems pretty clear that you meet that threshold.

If the person you hit you had minimal coverage, it's possible that your parents have underinsured motorist coverage on their policy that you could recover from. Now I will say that an older person with State Farm, I think it's less likely that she has minimum coverage. Much more likely that a young broke person has minimal coverage, and from a cheaper company then State Farm. But State Farm is also difficult to negotiate with (in my experience) and given the amount of money you are potentially looking at here, you definitely want a pro representing you. And since you are still a minor, and may still be a minor when you settle (though I wouldn't necessarily advise that), you also want a lawyer to make sure the money is properly protected from your parents. Not saying that they would try to take it, but it has happened before, and the state wants to make sure that won't happen to you. You also want to make sure the money is protected from YOU using it irresponsibly, when you may need it for future medical care.

At any rate, even though it's less likely that she has minimum coverage, it's still possible, and it's one of the first things a lawyer will investgate. State Farm is not just going to give up the policy limits without a subpeona, but if it is a minimal policy and it's clear your injuries will exceed the coverage, they will probably state that up front. If they don't, your lawyer will have to file the lawsuit so they can start the discovery process and get a copy of the policy limits, to find out what you have to work with. They will explain all the options to you and your parents once that is known.

But you seem to be focused on getting a number right now, and that's not where your energy should be. You're about to have a second surgery and who knows where you will be after that. You need to first make sure your interests are protected - hire a lawyer soon, so he can start gathering up your medical bills and records thus far, and keeping a file on your progress. Then forget about it and concentrate on healing!

Thanks so much everybody, I can assure you, I will not be needing to protect this money from my parents. The Auto insurance of the woman has paid from the beginning. I actually typed the starting of this thread a few months ago, I had surgery three weeks ago. Still in a sling, it is a very slow and painful recovery. I'm going to have limited motion and stitches inside my shoulder for the rest of my life. Will this factor into the settlement? Do you think it would make sense to sue the insurance company if the payout it limited?

You don't sue the insurance company, you sue the driver.

Did you even read what I just wrote? Her insurance hasn't paid anything yet, YOUR auto insurance is what's been paying your bills, because that is how it works in your state.

ecmst12 said:

You don't sue the insurance company, you sue the driver.

Did you even read what I just wrote? Her insurance hasn't paid anything yet, YOUR auto insurance is what's been paying your bills, because that is how it works in your state.

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Yes, I did read what you wrote, twice. Thank you for taking your time to help me better understand my situation. I must apologize, though, my parents have just corrected me over the phone, the womans insurance company was farmers, not state farm. And according to my dad, she has very good insurance.

My dad also told me that his friends job as a lawyer, attorney or whatever he is, is in accident and injury law, he was already written letters to the insurance company, and thinks they will approach us to settle once we haven't made any claims in year or so. He is going to represent us for free or discounted. I know that my parents are already totally taking care of the legal aspect, keeping immaculate records of bills and other records. I'm sorry for being misleading, it wasn't on purpose. The original reason I posted this thread was to have some kind of an idea as to how much money I was looking at possibly getting. Also, to what you said earlier, the money does not need to be protected from me, either, depending on how much there is, I plan to use it for future medical care and room and board in college, and maybe a reliable vehicle. I guess all I really want to know is how much I might be getting, I don't mean to sound selfish, but I have suffered and still am suffering a lot, and I want some compensation. That woman hitting me has hindered me through almost every sport I've played in the last 5 years, and made it hard to enjoy some of my favorite activities. Believe it or not I had a fear of crossing roads for quite a while.

That's a question you need to ask your lawyer. And it may be too early for you to get an answer. It's best to wait to settle as long as you can, so you may be looking at nothing until after you are FINISHED college. Have a meeting with your lawyer and ask all the questions you need to.