I was a victim of a head on collison in 05-04 a pick up truck had crossed over the median of a two lane highway coming from the opposite direction I suffered many back injuries including herniated discs, and bulging discs, severe neck pain, a torn ligament in my ankle, and was diagnosed with post traumatic stress disorder. Perhaps the most major thing was my head went through the windshield causing me to have permanent disfigurement to my forhead... I have a dent in my forhead that will not go away without surgery. With plastic surgery it will only leave me with another scar even worse then the one I have, Its something that will be there for the rest of my life. the driver was 100% at fault. Car was demolished. My lawyer said were asking for 100-150,000 my mother is freaking because she says that, that is not enough, I could have died and truthfully I have all these things i will have to deal with for the rest of my life and im only 24. I believe that I should be getting more.
2006-11-12 09:24:38 · 7 answers · asked by Sara 2 in Cars & Transportation ➔ Insurance & Registration
FYI I was wearing my seatbelt - And if you ever had any type of car accident it could be very traumatic I have nightmares about it, and cannot drive in the rain. I was not at fault in the accident so the negative comments I really dont appreciate.
2006-11-13 02:08:38 · update #1
Depends on the extent of personal injuries.
Punitive damages is the biggest payer...
Do you now have fears being in a car? On the road?
This can mean big $$$s.
$150K seems way too small for your injuries.
Don't take a out of court settlement.
If have evidence of him breaching his duty of care - the court will most likely award you alot more.
What experience does your lawyer have?
What experience does he/she have in compensation cases?
Any past cases you could research?
How did your lawyer come up with that dollar figure?
Did he/she factor in the costs of:
-medical assistance for the rest of your life
-loss of income & potential income
-lost opprtunities of potential types of employment
-decreased quality of life
-permanent scaring (physically & emotionally)
-pain & suffering
-negative impact on self-esteem & self-confidence
There are so many factors that should have been calculated into an amount that would be considered fair (although no amount would make things right if you have to live with pain & suffering).
But always consult legal advice...
Even second opinions.
All the best.
2006-11-12 09:34:06 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You are awarded based on the injuries sustained due to the accident. From what you are saying you definitely have serious injuries that is worth a lot of money. One thing you have to understand is that you can't be awarded more than the defendant's policy limits (e.g. $150,000/$300,000 person/accident - means the most any one person could get is $150Kin any accident). There's only two other ways to recover more than the policy limit......(1) The defendant is a homeowner and has an umbrella policy. You would have to be awarded the $150K in order to get the difference from the umbrella policy or (2) You have an under-insured motorist policy that is greater than the policy limit awarded to you. You can recover the difference.
You are lucky that you are not limited by a $15K policy. Unfortunately, situations like this always happen, injuries are the only things that matter; Whether the car was totaled or not, its irrelevant.
What you should find out is if the pick up truck that hit you was a commercial vehicle b/c if it was then they definitely have a million dollar policy.
2006-11-13 00:13:54 · answer #2 · answered by Rica 82 5 · 2⤊ 0⤋
Well, by the way, bulging discs are not caused by trauma, they are degenerative and occur over time, so I don't think you can claim those as related. But I'm not a doctor, so you'll just have to figure that one out on your own. You have an attorney, you should be asking him this. No one can tell you what your injury is worth because we don't know enough. Where did it happen, for example? Every case is different. Most of your injuries are significant, but more then 150k is really on the greedy side even for what you have wrong. Plus, does the person at fault even have the coverage limit to cover such an excessive demand? Ask the person you're paying part of your settlement about the value, not us.
2006-11-12 18:09:21 · answer #3 · answered by Chris 5 · 1⤊ 4⤋
Chris is always 100 percent right, but believe me when I tell you that you CAN get herniated or bulging discs from trauma.
Lifting and other accidents, including auto accidents, can certainly cause disc problems.
2006-11-12 23:41:25 · answer #4 · answered by Anonymous · 1⤊ 2⤋
Your lawyer is probably asking for policy limits. The chance of you getting more depends on the assets of the other party and he/she will have to be sued. Post traumatic disorder? -- gimme a break...
Maybe you should have worn your seatbelt.
2006-11-12 20:06:00 · answer #5 · answered by Anonymous · 0⤊ 3⤋
get a second opinion from a lawyer
2006-11-12 17:48:41 · answer #6 · answered by goodtimesgladly 5 · 0⤊ 1⤋
If you have been waiting over two years and have no idea about it, I'd suggest you ask your attorney rather than us.
2006-11-12 18:36:21 · answer #7 · answered by oklatom 7 · 1⤊ 2⤋