On 08/20/10 I was nearly T-boned by a drunk driver. Luckily the airbag on my Jeep saved me from extensive injuries. My 11-year old daughter was in the passengers seat and received a bruise on her leg and chafing from the seatbelt. My injuries were a little more, although not incapacitating (massive bruising along my left leg, elbow and arm cuts from glass shards, small laceration requiring one staple on my head, an unsightly bruise from the seatbelt and some scrapes and bruising on my back left side). Their insurance is covering the total loss of my vehicle, rental and my medical expenses from the date of incident (I was taken by ambulance from the scene and released in about 4 hours after examination, patching up and x-rays, my daughter was cleared at the scene), about $7300 total so far. I am having a slight mobility problem in my left shoulder and some soreness, and headaches..but other than that I am seemingly ok and it has only been a little over a week. SO...my question becomes, should I hire a lawyer in this case? I don't know that the dollar amount I might be able to recover from damages would be worth it, if it's just wiped out by a 1/3 lawyers fee. I would prefer that the insurance company pay the current med bills and give me a multiplied arbitrary amount for future med bills and get this settled. I have asked the insurance company to offer me a settlement and am awaiting their response, although I can prolly guess where it will go...as we know insurance co.'s NEVER wanna pay *sigh* So in the meantime I thought I would ask real-world peeps their opinions on the matter! Thanks in advance!What is the name of your state (only U.S. law)?
1 Answer from Attorneys
I could not recommend a dollar figure without reviewing your medical reports, and your continuing mobility problems really must be addressed prior to discussing settlement. While you have considered future medical expenses, you are taking a risk of those amounts exceeding a settlement agreement. Once you execute a settlement and release with the insurance company, you will be barred from going back to them for future medicals, even those you had not anticipated.