Legal Question in Personal Injury in Tennessee

I was involved in an auto accident, not my fault. Had broken collar bone and cracked stermun, off work for 2 months has $7,000.00 in lost wages and $22,000.00 in medical bills. Car totaled. Driver on parents insurance. The policy limit is $50,000.00. In addition to this I lost my job when I went back to work, they had lay offs. The attorney fee is 33% of this which comes to about $l5,000.00 and they are saying that if this isthe policy limitaitons this is all I can get. My Ortho doctor has informed me that the collar bone will propably not go back in place it will always protrude out. I was also told if my medical exceeded the policy limitations, then my insurance would kick in. Is this the best I can hope for? I have lost lost so much.

Asked on 4/01/11, 8:03 am

2 Answers from Attorneys

Michael McNulty McNulty & Associates

I'm sorry to hear about the terrible injury that you are dealing with. Unfortunately, most drivers in Tennessee are carrying a minimum amount of coverage and it simply will not cover the expenses of a serious injury like yours. While you may only be able to receive the policy limits of $50,000, you can go after the parents of the driver for additional monies to compensate you for your loss. Also, many law firms are willing to reduce the normal rate of 33% with your circumstances. Our firm has a flexible policy and we would rather accept less money if it means our client will be in a better position.

Also, you may have a claim against your employer for a wrongful termination since you were laid off so soon after your accident.

If you are not currently represented by an attorney, please feel free to call us to discuss your case.

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Answered on 4/01/11, 2:45 pm
Marc Reisman Rosenblum & Reisman, P.C.

One thing that is unclear from your post is whether you have uninsured/underinsured motorist insurance coverage. If you have a UM policy with limits greater than the driver's parents policy, then you may have an opportunity to file a UM claim. As explained in another response, the driver or his/her parents may have assets or income available to help satisfy any judgment you may be able to get should you choose to take this to trial. While I can not provide legal advice on this site, an attorney in our office would be glad to speak with you about your potential claim. Please know there are filing deadlines associated with every case which must be met and you should quickly speak with an experienced attorney to discuss those deadlines and the other issues you raise in you post. Good Luck.

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Answered on 4/05/11, 1:45 pm

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