QuestionI was involved in an auto accident in December of 2003 wherein the other
driver was found to be at fault. I settled for the loss of my car long ago, but
have only recently recieved an offer for my medical expenses (I have been in
treatment, trying to eradicate remaining scar tissue, for much of this time).
The initial offer of $10k will cover my subrogation expenses (near $4k) and
my out-of-pocket expenses ($2476 to date) and leave me with some left
over. However, I still have permanent scarring on my right shin (no more
shorts or cute skirts) and have recently started feeling some strange
potentially nerve-related twitches in that leg. With an estimated 35 years left
in my lifetime, I want to make sure that I have enough money to cover future
expenses. An orthopedist and a dermatologist have both said that there is
nothing left in current medical technology for me to try, so an estimate of
future costs is impossible. The time limit in Colorado is perilously close; if I
don't accept an offer or file suit within the net month, I'll get nothing. What
can I do, short of sueing?
AnswerHi Gillian,
The first thing you need to do is to get all of the paperwork together needed to file a law suit. Have everything filled out and ready to go.
Yes you can make a counter offer. Based on what you have said, the amount of their offer sounds very low. Should be more like $50k. But that depends on how much coverage they have as well as the overall extent of your injuries.
If you can not come to a resolution by 3 days before the statute runs out, then go ahead and file the suit. They are thinking you will miss the deadline. Don't let them fool you. You may also want to consult with a local attorney to see the value of your case.
I hope this helps
Richard Hixenbaugh
