Auto Insurance Claims: Settlement question, Settlement question

Question
QUESTION: Facts:
State = Kentucky (no fault)
Date of Accident = 10/09
Liability = Other driver (cited for yeilding the right of way)
Total Medical Bills= $26k
Injuries = Fractured right wrist, soft tissue injuries to neck, right shoulder and right knee and bruised sternum.
Treatment ended 4/10
PIP = $10k exhausted date of accident
Health Insurance Lien on settlement = yes $16k
Property Damage Settlement Check = yes - $24k paid to me

I was involved in a head on collision. The at fault driver's insurance declared 100% liability.  Both vehicles (2010 Dodge Journey - mine and 2010 Toyota Corolla - his) were totalled and the property damage portion was settled a few weeks after the accident. 10/09).  
My total med bills were $26k but no loss of wages. (was on LTD from my employer at the time)
I am a 47yr diabetic and suffer from severe diabetic neuropathy in both of my feet.
I obtained an attorney after the adjuster seemed to be giving me a hard time and didnt seem willing to offer a fair settlement for my injuries and pain and suffering.  
My attorney to date does not know the policy limits and after the ajuster offered me an initial offer of $10k "exclusive of PIP" then a second offer $11,500 "exclusive of PIP my attorney sent a counter offer of $52,500.
We have had no response since 12/2010 so my attorney has sent out 2 more letters requesting an explanation of the basis of their offer still no response.
Since I was still experiencing discomformt and numbness in my right wrist I decided to return back to my doctor.  In April after having an EMG done, I have now been diagnosed with carpal tunnel syndrome that may need surgery if cortisone injections do not work to my right wrist and also Post Traumatic Stress Syndrome by a psychiatrist.
Can the offer my attorney suggested $52.500 be amended since my injuries are worst?  Should an attorney ask for the policy limits before offering a settlment?  My attorney "seems" to feel my claim is only worth $50 due to my diabetes is this true?  What if the at fault policy limits are minimal and after the medical liens are paid and my attorney fees there is nothing left for my pain and suffering do I have to accept the final offer?
Thank  you

ANSWER: Hello Christy,

You don't have to take any offer you don't want, but there are risks with any offer. You have an attorney and that is the best person to help you with that question/answer.

You attorney has accessed to all your information and medical records, that is where the key to the proper evaluation is at.

Speak to you lawyer about that

Good Luck
http://www.quirogalawoffice.com/

---------- FOLLOW-UP ----------

QUESTION: Thank you for answering Anne. I may have not been clear in my question.  If the final settlement offer from the adjuster after deducting the cost for my attorney fees, re-imbursement back to my auto insurance company for PIP payments and my medical health provider leaves me with little or nothing can I still reject causing no one to get anything?
For example, the at fault driver policy limits are $50k they offer that my attorney gets 33 and 1/3, my medical health provider gets their $16k, my auto provider gets their $10k and I get less than everyone can I reject the claim still causing the claim to just go unsettled without penalty from my attorney?
The at fault insurance adjuster is being very difficult and has not offered at minimum the cost of my medical bills nor an additonal monies for pain and suffering.  My attorney (whom states my diabetes may be a factor in my claim) says the adjuster is very difficult and unpleasant to deal with.  He does not act very confident any longer and gives me the impression he would prefer not to take it to trial.  HE just says "your the boss" constantly.  The deadline is 10/11 and with no response to my attorney's letter requesting reasons for low offers ($11.500) have been ignored.  
HE is a very honest and sincere attorney I just wish he was a little more agressive in  his approach to my case and truly do not feel he deserves an amount that will be more than what I receive.

Answer
Well, the issue or answer is on the fee agreement that you signed with your lawyer. The fact that you are not satisfied because he was not very aggressive will not override the agreement. If the agreement calls for 1/3 then the attorney probably is entitled to that (even if you get less than the attorney gets).

Again, you can reject offers, but the attorney may have rights against your settlement (you need to look at the written agreement).

Good Luck
Anne
http://www.quirogalawoffice.com/