My question involves an injury that occurred in the state of: PA
I was involved in an auto accident. A driver failed to stop at a clearly visible stop sign, there where signs warnings "stop sign ahead" as well as several painted warnings on the road prior to the actual stop sign. She claimed to be unfamiliar with the area. I was traveling 45mph on a road with no stop sign or signals and hit her car (T boned), my car was low and hers an SUV, so mine acted like a wedge went under hers and flipped her car over and into a telephone poll. The other driver admitted to not stopping at the sign at all, 2 witnesses (one behind her and one coming in the opposite direction from me) reported her not stopping as well. I am just so thankfull her children were strapped in properly. All police reports and statements say the exact same thing, there are no discrepencies. The driver was ticketed for not stopping at the stop sign and causing an accident. My 6 month old car was totaled as was her older SUV. My passenger was uninjured, however I was seriously injured and required being transferred to a trauma center. I had burns on my arms, internal throat/lung burns due to the airbag chemicals, whiplash, neck disk herniation, broken collarbone, abdominal bleed, seatbelt bruises/cuts, lumbar neuro stim slight lead migration (no longer works like it did prior to the accident), exacerbation of lower back and thoracic pain.
Her insurance did cover what I owed on my loan but nothing more, her insurance paid out about $1500 so far for my personal belongings and clothing damaged in the accident, my insurance covered $5k in medical bills but I have had lots of copays and unreimbursed medical expenses due to the injuries. We are coming up to a year after the accident and their agent is talking about coming up with settlement numbers. I know her policy limit is $25k. I sustained a neck injury but my condition is complicated by pre existing issues (none related to the neck at all). I can not have an MRI but had a CT Myleogram (very painful) that showed the neck disc herniation. We have limited tort on our insurance so I know that limits me from sueing unless my injuries are severe. I ended up going on disability per drs orders due to the accident exacerbating chronic conditions and the new injury.
I have talked to an attorney about 3 months after the accident that felt that it would be a coin toss at this point if my injuries would be considered severe enough to toss out the limited tort clause. He did tell me that my chonic conditions would hold little bearing on the matter, he said its not my fault that those were exacerbated due to her negligence. However, it is very likely that within the next 12 months I will need surgery to implant a medical device into the neck to help with the neck pain since conservative treatments have failed. This was the neurosurgeons recommendation but is not a quick process, it requires several steps and trials. It is a treatment of last resort and it not taken lightly due to the dangers of working close to the spinal cord.
I figured that if it doesnt hit that level I would be better off going it alone and accepting what they offer rather than sharing that minimal ammount with an attorney, because even if they offer the full 25k thats not going to even cover my medical expenses that I still owe, lost wages for the last year, etc... I was approved for retirement disability but that isnt near what I should of be getting if I was able to continue working. I would hate to agree to something now if I am going to need surgery, which comes with some pretty serious things that can go wrong. I told their claims rep that due to the nature of my injuries and being in limbo with treatment with possible major surgery ahead I am unwilling to commit to a settlement. Anyway, how long do I have to determine if my injuries fall within the level of "serious"? I am not a sue happy person but this persons stupidity has changed my life forever.
I was involved in an auto accident. A driver failed to stop at a clearly visible stop sign, there where signs warnings "stop sign ahead" as well as several painted warnings on the road prior to the actual stop sign. She claimed to be unfamiliar with the area. I was traveling 45mph on a road with no stop sign or signals and hit her car (T boned), my car was low and hers an SUV, so mine acted like a wedge went under hers and flipped her car over and into a telephone poll. The other driver admitted to not stopping at the sign at all, 2 witnesses (one behind her and one coming in the opposite direction from me) reported her not stopping as well. I am just so thankfull her children were strapped in properly. All police reports and statements say the exact same thing, there are no discrepencies. The driver was ticketed for not stopping at the stop sign and causing an accident. My 6 month old car was totaled as was her older SUV. My passenger was uninjured, however I was seriously injured and required being transferred to a trauma center. I had burns on my arms, internal throat/lung burns due to the airbag chemicals, whiplash, neck disk herniation, broken collarbone, abdominal bleed, seatbelt bruises/cuts, lumbar neuro stim slight lead migration (no longer works like it did prior to the accident), exacerbation of lower back and thoracic pain.
Her insurance did cover what I owed on my loan but nothing more, her insurance paid out about $1500 so far for my personal belongings and clothing damaged in the accident, my insurance covered $5k in medical bills but I have had lots of copays and unreimbursed medical expenses due to the injuries. We are coming up to a year after the accident and their agent is talking about coming up with settlement numbers. I know her policy limit is $25k. I sustained a neck injury but my condition is complicated by pre existing issues (none related to the neck at all). I can not have an MRI but had a CT Myleogram (very painful) that showed the neck disc herniation. We have limited tort on our insurance so I know that limits me from sueing unless my injuries are severe. I ended up going on disability per drs orders due to the accident exacerbating chronic conditions and the new injury.
I have talked to an attorney about 3 months after the accident that felt that it would be a coin toss at this point if my injuries would be considered severe enough to toss out the limited tort clause. He did tell me that my chonic conditions would hold little bearing on the matter, he said its not my fault that those were exacerbated due to her negligence. However, it is very likely that within the next 12 months I will need surgery to implant a medical device into the neck to help with the neck pain since conservative treatments have failed. This was the neurosurgeons recommendation but is not a quick process, it requires several steps and trials. It is a treatment of last resort and it not taken lightly due to the dangers of working close to the spinal cord.
I figured that if it doesnt hit that level I would be better off going it alone and accepting what they offer rather than sharing that minimal ammount with an attorney, because even if they offer the full 25k thats not going to even cover my medical expenses that I still owe, lost wages for the last year, etc... I was approved for retirement disability but that isnt near what I should of be getting if I was able to continue working. I would hate to agree to something now if I am going to need surgery, which comes with some pretty serious things that can go wrong. I told their claims rep that due to the nature of my injuries and being in limbo with treatment with possible major surgery ahead I am unwilling to commit to a settlement. Anyway, how long do I have to determine if my injuries fall within the level of "serious"? I am not a sue happy person but this persons stupidity has changed my life forever.
Traffic Accidents: How Long Do I Have to Agree to Settlement or Pursue
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