I am in the end of my law suit of a 2 year old low impact accident, I have 3 hernated disk in the neck and 3 in the low back. I was stopped , getting off the expressway with my waist up to my head turned hard left to see the traffic coming. M.R.I.'s show that I have these problems and the insurance company is holding tight not to settle less than peanuts. The insurance company sent me to a Doctor yesterday and this Dr. told me to push his hand to see my strength and as I touched his hand he was pulling back along with other nonsense evaulation. We all know that the insurance company pays these Doctors and now he states I have carpol tunnel. My surgery is set for the second time and is on August 30th. I think $50000.00 is a slap in the face I will get appx. 15000.00
an I need 2 surgerys. Do I settle or go to court? It looks like if I loose the case I will owe them.
3 Answers from Attorneys
Insurance companies differ on how to value the claim presuit. You indicate the accident was low impact. I would be interested to see the property damage photographs. In addition, there are several other issues to deal with such as prior and subsequent accidents, lost wages and future medical bill just to name a few.
How much is the surgery you are about to undertake. What financial arrangements are being made right now for the surgery? Im assuming you dont have a lawyer, if you have one you may be treating under a Letter of Protection.
The decision of whether to go to court or to settle the case is a complex decision that may involve multiple rights and remedies. There is no clear answer, but of which it depends on your medical injuries, your medical expenses, the insurance policy of your and the other driver.
This decision should be made with the assistance of an Attorney. Please contact my office 561-721-6200 or any other attorney who does personal injury, for a complete review of your case.
You need an attorney who can evaluate your case. You had the right to have your attorney or another observer present during the insurance company's medical examination, for the purpose of preventing the sort of abuse that you describe. If you are at the end of a two year lawsuit, you must already have an attorney...What does your attorney say about your case? Surely, you have not gone "pro-se" for the past two years on a serious injury accident.