QuestionI was in a car accident in 10/06. I was rear ended. The person that rear ended me took responsibility. I had injuries to my right knee, i had arthroscopic surgery to correct it. I need another surgery to remove scar tissue. I had 3 months of physical therapy. The doctor doesn't think it will ever be 100% again. Should my lawyer had me a settlement value yet I hired him in 11/06. And if yes how much would my settlement be about?
AnswerHello Jade,
I am sorry to hear your situation. The good thing is that you are represented by an attorney. Looks like you have a permanent injury. This type of injury is worth more than soft tissue injuries that are treated by physical therapy and chiropractor care only. You had surgery and will need more.
You ask if your attorney will have you settle? Well, that really depends. I do not know what policy or insurance company you are dealing with. There is no indication that you are even dealing with an insurance claim. I assume you are but this might change the way your attorney would look at your case.
Remember that one of the reasons settlements are reached is when the policy has adequate limits and the person that caused the injury (the tort feasor). If the underlying policy will only pay for little or nothing, then you might want to explore other options like going after the person that cause the accident personally and their assets. You might also want to see if your own insurance company will give you any above and beyond coverage after the first insurance paid (if you have under insured or uninsured coverage).
As far as how much you should ask. Again, this is a very hard question. It really depends in all the facts on your case. Your jurisdiction, the policy limits, even the circumstances of your case. your attorney should be able to guide on an actual number.
Good luck, and if there is anything that I did not address, please send me a follow up.
Anne
http://www.auto-insurance-claim-advice.com
