Reply
Mon 27 Jun, 2005 10:33 pm
I was in a horrible auto accident last year, and was taken by life star to a local medical center. To make a long story short I had a head injury with cognitive damage and needed the help of easter seals rehab to regain long term memory loss (I'm still having a terrible time with loss train thought).
I had my right thumb reoperated 2x to try ads repair the torn tendons and broken bones. I ended up having to have 2 discs (L5 S1 & L4) removed and a fusion with rods and screws. The accident was clear cut as the woman whom hit me head on admitted she didn't see me because she was dialing a phone number. I hired a lawyer from the phone book and settled out of court fot the max on her policy $300,000. the lawyer took $120,000. up front and I got $40,000. up front and $140,000. comming in a 7 yr annuity, all of my medical bills were covered luckly. My question is did I settle to soon? I'm having more problems now with joint pain from the screws and a cervical disc is protruding putting pressure on a nerve and there's constant pain. I was told by the lawyer that I should settle because going to jury could have lessend the amt. that was offerd. Did I get a fair settlement and is there anything more I can do now?
I'm afraid your settlement for the $300,000 closed the case forever. Our son did the same thing when he was a passenger in another student's car when he drove over a cliff. The car was completely demolished, but by luck both of them survived with some injuries. Both were thrown out of the car. Our son said he didn't want to take more money than the insurance policy which was $25,000. Luckily for him, he didn't incur any more medical bills after his first hospital stay after the accident. He had a broken arm and needed some stitches on his face. When the hospital called us in the middle of the night, we drove to the hospital's emergency room, and it's probably the very first time I cried as an adult - even after the doctor told us he would be fine.
BTW, After he came home, I took him to an attorney, but he said he didn't want to sue for more money.
Contact your local Bar Association and get a referral to reputable lawyer in your area. Take your records with you and ask him or her. Give this person all of the information you have given us and any other information that you think might be helpful. Initial consultations are usually free in personal injury cases so you have nothing to lose.
jespah, Doesn't the settlement check state that it's settles all future claims, and cashing the check finalizes acceptance?
Of course, but this guy needs a lawyer to tell him as much, and for free to boot. There might be a tiny (and I mean tiny as in microscopic) chance of a claim that he was not competent to settle (head trauma and all), but most attorneys will see this as a case of buyer's remorse.
Stumble It!
Tweet This
Bookmark on Delicious
Share on Facebook
Share on MySpace