Auto Insurance Claims: Texas pi claim -attorney was released, long term disability, nerve damage

Question
I wish I had found this site last year.  My former attorney was able to get a $5,000 offer on my pi case after 2years then when I refused this offer he told me due to economic reasons he did not want to go to trial and offered to file the suit before he released his lawfirm from my case.  I was rear-ended by a person that was cited for speeding and texting. This person was also driving a company rental car at the time of the accident.  I was taken to the hospital in ambulance and released back to work after 3 days.  I contacted this attorney the weekend after my accident, so I thought I did all the right things. After a week if trying to return to my normal work routine I was having problems driving and typing. After several doctors and lots of medical testing I was diagnosed with Toss and because the nerve damage was severe it required major surgery to remove a rib almost 10 months after the accident.  I was also put in long term disability.  After I did not recover, I was diagnosed with RSD and told I would never recover. I lost my job with a large bank, all my benefits, and my career of 15 years Eucharist I earned almost $100k.  I tried to settle with this insurance con without an attorney the have drug this out almost a year before I met with them last month to mediate, no mediation but got a $40k offer and my insurance agreed to accept $1k since my settlement was so low.  I contacted another attorney before I agreed to settle, I spent hours faxing files (I live in another state now) only for them to tell me to hire an attorney but they didn't want to take the case. The Max on the insurance policy was 1 million.  So still no attorney, my doctors have all agreed this injury ease soley due to this accident, my disability insurer has evidenced with 2 seperate independent reviews that the accident is responsible for my disability. So without an attorney,a trial date in less than 4 months I am forced to settle.  I can't get any attorney to tell me why they don't want to go to trial.  I have signed the settlement agreement and my only question now is, what happens if they miss the deadline of sending the check within 20 days?  With the holidays I don't see how they can meet the 30th of December if they haven't sent it by now, even by certified mail?  I decided that I would explain as much about my case without drawing it out so prayfully you can find some way to help some other soul from experiencing half of my problems that would help to ease my pain.
Thank You
God bless!

Answer
The reason an attorney won't take this to trial is that there no way to prove that your TOS and RSD were caused by the accident.  Those are unusual injuries for an auto accident rear-ender, and in Texas, juries are hard to convince.  You can bet that the insurance company will have a doctor that says your ailments have nothing to do with the rear end accident.  Your injuries are an exception to the rule and it is always hard to prove you're an exception.  People just don't buy it, especially if they have been in a similar wreck with no ill effects (and you'd be surprised how many people that end up on juries have been rearended).   

You're doing the right thing by settling even though it is not fair.  You can't do anything about when they send the check, you'll just have to trust and hope that they don't delay.  I mean what are you going to do, sue over that, too?  You'll likely have to wait on your money, and if you want to discuss the matter with a live person, look up Petty Details, LLC Claims Services and give us a ring, we routinely speak with people about their accident cases.  

JP