What would you do ?
03-19-2004, 07:58 AM
#11
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Wish I'd sued 20 yrs ago. My neck still bothers me from some old, 1/2 blind, 85 yr lady that ran a stop sign and broadsided the work van I was riding in. Happened in New Port Richey, FL...Hit us hard enough, took down 2 palm trees and landed in the living room. The only thing that I got was.... FIRED from the employer as he was afraid I would start making workman comp claims and raise his ins premiums. Nice huh? Oh well, live and learn-life goes on...it could always be worse I suppose.
03-19-2004, 08:08 AM
#12
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My lawyer is a life long friend of my wifes and is handling this for free, He is a contract lawyer so this injury stuff would be a new one for him, he is a nice guy not one of the guys you see on TV.( payment with boat rides
) I am going to wait until my doctor tells me whats up then let the lawyers at it. I am not trying to get rich, I don't think 50K is rich. I just have been hit twice in 40 days and am starting to feel bad every day and don't want to be messed up the rest of my life.
) I am going to wait until my doctor tells me whats up then let the lawyers at it. I am not trying to get rich, I don't think 50K is rich. I just have been hit twice in 40 days and am starting to feel bad every day and don't want to be messed up the rest of my life.
03-19-2004, 08:24 AM
#14
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craig is right.
If the guy who hit you has insurance, then you simply notify his adjuster (or him) that you are experiencing knee troubles as a result of the impact and that you want to know if they are interested in a lump sum settlement NOW to cover the direct and peripheral affects or had they prefer to go to court over it. Let them know you have a lawyer and fully understand your rights and the process involved and that you had prefer to deal with it now.
Ins companies will cut a deal in a heartbeat to avoid prolonged litigation when they hear a situation like yours.
Quick and clean.
The Bottom line is whether the doctor says that your hit re-injured the ACL graft, or whether it was a simple setback (I fell down a flight of stairs on week 3 after an ACL graft, and it ws still "just a setback" since the graft did not pull loose).
Good luck, and you're right - this kind of crap sucks.
(my guess is you can expect a quick deal for $15k)
It is up to you to determine whether that eases your mind or not.
ON THE OTHER HAND - if the other guy has no insurance or has very little insurance, then you have a 2-edged sword.
A) you got to go after the guy individually and you gotta make sure he has something to go after - and you gotta decide if it will be easy to "get" (you can get an award, but never be able to collect it in some cases).
B) if you have adequate uninsured/underinsured coverage on your own policy, then you can file a claim on your OWN policy. They will usually pay it just like his would. But then you have an extended claim against your own insurance and it goes on a 5-year running total, from which your premiums are factored... It can also keep you from getting good pricing on anther policy if you were to go insurance shopping...
If the guy who hit you has insurance, then you simply notify his adjuster (or him) that you are experiencing knee troubles as a result of the impact and that you want to know if they are interested in a lump sum settlement NOW to cover the direct and peripheral affects or had they prefer to go to court over it. Let them know you have a lawyer and fully understand your rights and the process involved and that you had prefer to deal with it now.
Ins companies will cut a deal in a heartbeat to avoid prolonged litigation when they hear a situation like yours.
Quick and clean.
The Bottom line is whether the doctor says that your hit re-injured the ACL graft, or whether it was a simple setback (I fell down a flight of stairs on week 3 after an ACL graft, and it ws still "just a setback" since the graft did not pull loose).
Good luck, and you're right - this kind of crap sucks.
(my guess is you can expect a quick deal for $15k)
It is up to you to determine whether that eases your mind or not.
ON THE OTHER HAND - if the other guy has no insurance or has very little insurance, then you have a 2-edged sword.
A) you got to go after the guy individually and you gotta make sure he has something to go after - and you gotta decide if it will be easy to "get" (you can get an award, but never be able to collect it in some cases).
B) if you have adequate uninsured/underinsured coverage on your own policy, then you can file a claim on your OWN policy. They will usually pay it just like his would. But then you have an extended claim against your own insurance and it goes on a 5-year running total, from which your premiums are factored... It can also keep you from getting good pricing on anther policy if you were to go insurance shopping...
03-19-2004, 08:40 AM
#15
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Originally posted by candyman35
Fightclub is correct. You need to protect yourself just in case. I know someone who is seriously messed up from a traffic accident that happened years before. I believe the term is Fibromyalgia. There is supposedly a link between this disease and body trauma. Who knows for sure.
The point is you never know.
Dan
Fightclub is correct. You need to protect yourself just in case. I know someone who is seriously messed up from a traffic accident that happened years before. I believe the term is Fibromyalgia. There is supposedly a link between this disease and body trauma. Who knows for sure.
The point is you never know. Dan
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03-19-2004, 08:52 AM
#16
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I also was hit 1 time before. Thought I was being a nice guy and just said " I'm Ok and we left" next day I had some pain. And after looking at my car up on a lift I had almost $1,000 damage to under carriage and bumper. So I'll never just forget about it again.
I was hit sitting at a Stop sign about 16 years ago. I had minimal damage and the other guy's car was wrecked. I felt fine i was 18 and didn't care about it. I found out later almost 2 years later He sued my Ins co. and won 200K And yet He HIT ME. Duh
I was hit sitting at a Stop sign about 16 years ago. I had minimal damage and the other guy's car was wrecked. I felt fine i was 18 and didn't care about it. I found out later almost 2 years later He sued my Ins co. and won 200K And yet He HIT ME. Duh
03-19-2004, 08:55 AM
#17
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Originally posted by Scott
I don't like your lawyers attitude. With your statement "I so hate the people that sue for chit " he is fitting the bill of those type of people.
If in deed you feel pain and feel it has been caused by neglect or reckless action by the other driver then I would hire an Attorney that had the same attitude as you do and go for what you deserve. This is to help with your pain not make an ambulance chaser rich at someone else's expense. I would go with the attorney that was more interested in medical statements and records than trying for the easy out of court cash.
BTW
I never had to sue anyone just my feelings on the subject.
Hey you asked
I don't like your lawyers attitude. With your statement "I so hate the people that sue for chit " he is fitting the bill of those type of people.
If in deed you feel pain and feel it has been caused by neglect or reckless action by the other driver then I would hire an Attorney that had the same attitude as you do and go for what you deserve. This is to help with your pain not make an ambulance chaser rich at someone else's expense. I would go with the attorney that was more interested in medical statements and records than trying for the easy out of court cash.
BTW
I never had to sue anyone just my feelings on the subject.
Hey you asked
If in deed you feel pain and feel it has been caused by neglect or reckless action by the other driver then I would hire an Attorney that had the same attitude as you do and go for what you deserve.
TAKE THIS ADVICE!!!!!!!
03-19-2004, 09:17 AM
#18
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If you do get a lawyer dont ***** about your insurance premiums! dont be part of the problem!Hey if the guy was drunk smokin crack and driving go get him but if it was an honest mistake walk away. my .02
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03-19-2004, 11:30 PM
#19
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Well as I said before I hate the people that sue for dumb chit I went to the doctor he said my knee will be fine but my neck and back need a lot of work and he want his partner to look at them Monday. The cop called me today and said by the skid marks he was going 65-70, the speed limit is 30 there. I don't know whats going to happen.
03-20-2004, 07:59 AM
#20
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I would think about getting a personal injury lawyer instead of your friend [no offense]. Just saying get someone experienced a little more in the circumstance, unfortunately the law doesn't always work to who's right or wrong but who can manipulate it better. Get Johhny Cochran then maybe you can find out what really happened with OJ and post it on the board. I'm not a sue whore and do despise them but if all is true in this case the other party was clearly speeding which most probably caused the accident if not at the very least compounded the results it would be more of a mockery to yourself 10 years down the road while walking with a cane he's telling his friends the story laughing.
