Legal Question in Personal Injury in Texas

Question: What should I expect from start to finish for an auto personal injury case? Is my situation reasonable or mindblowingly not?

I was passenger in an auto accident in Denton County, Texas early December 2021

I got checked out at a doctor & xrays 2 days after the accident.

I tried some different basic visits at doctors; physical therapy, limited almost no activity.

Back in March I had an epidural. Hurt as much or more than the injury herniated disc.

I keep following up with the personal injury attorny. keep getting variations of they won't approve spine surgery because it's ~154k & they need to identify what amount insurance coverage other party has and/or if the person can be sued etc. I'm suffering across life cannot do anything I'd normally do. At this rate when my work contract ends in a few months I'm still going to be dealing with this

Asked on 6/13/22, 12:43 am

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

I couldn't say this situation is unreasonable although certainly not ideal. Usually the law firm is going to try to get a good idea of what kind of coverage is out there earlier in working the case--but that doesn't always happen. With an expensive surgery on the line knowing how much coverage is available and whether there are assets to pursue in litigation are extremely important questions at this stage. If there isn't enough coverage to cover the surgery, then there is a real chance you don't see any of the money from the case because it all goes to the providers and attorneys. That's not a good result for you. If the law firm is considering the surgery under a letter of protection, then the firm also has to consider whether it can in good faith protect payment if it doesn't know how much coverage is out there. It's complicated by the additional issue that as a passenger you are not at fault at all for the wreck and the insurance companies for the involved drivers are likely pointing the finger at each other. A frustrating situation for you for sure. You would probably be better served talking to your attorneys about the situation and next steps. If you don't feel like they are advancing your case appropriately, then you may want to consider other firms; but I would encourage you to talk them first. They know more about your case and what is going on than anybody else right now.

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Answered on 6/20/22, 8:54 pm

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