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Brittany Higgins settles personal injury claim against the commonwealth
Main Post: Brittany Higgins settles personal injury claim against the commonwealth
Top Comment:
Well that’s another bill that should be sent to the former government and maybe Linda Reynolds
Personal Injury - What things have tanked a case for you?
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What types of things do you encourage your clients to avoid?
I recently saw a video about someone who took a trip to the beach and was in a photo on a jetski. But it was taken while they were supposed to be at a medical appointment.
Does this happen? How would you encourage clients to avoid this?
Top Comment: Clients lying, exaggerating, and not doing their best to get better. Missing doctor's appointments, not completing their PT home exercise program, inflating their pain levels. Not continuing their life to the best of their ability, thinking they will "gild the lily" by taking a "woe is me" attitude. (At the same time, refusing help for depression, anxiety, and other mental health challenges caused by their injuries.)
Personal injury lawyer vs settling with insurance company?
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Hello,
I hope this is the right place to post this question. 4 days ago I was rear ended by a vehicle going 55mph. I was stopped waiting to turn left into my neighborhood and there was a passing lane to my right. The car that was behind me initially had no issue passing me, and the car that was behind them was the car that rear ended me. This is a busy road in rural WI, highway 12. When I got rear ended, my car was shot into oncoming traffic and hit by an SUV on the driver side. My car spun on the road and then came to a stop. My baby was in the backseat bucked into his car seat. Miraculous my baby did not have a scratch. I suffered whiplash (pretty bad, extremely sore and can’t lift my son), bruised ribs, a very swollen bruised collarbone area, and a horrible contusion (6 inches long 3 inches wide) to my left thigh and a large friction burn on top of the bruise which is now covered in large blisters. It is extremely unsightly and will most likely scar. My doctor said it may get infected due to the blistering. To top it all off, I am heading into my nursing school finals and it’s been a horrible week after the accident full of anxiety and worry. My mom is telling me that I need to sue the other driver (who according to the police was driving distracted and may get a felony) for bodily injury. I thought that bodily injury was something that was settled with an insurance company and I am having trouble understanding the difference. What is the purpose of suing with a personal injury lawyer vs. just settling with an insurance company? What are the difference in the potential settlement amounts? I didn’t break any bones (that I know of, waiting to get my ribs checked). I have been in a lot of pain since the accident and due to a kidney issue and breastfeeding I can only take Tylenol. Would it even be worth going to a personal injury lawyer? If this is the wrong place for this I apologize! Thanks in advance.
—- an exhausted nursing student/mother
Top Comment: If you retain a lawyer they usually take 30-40% of the settlement as their fee. This includes all medical bills and any other reimbursement except for the vehicle repairs. Depending on the attorney faults insurance limits you may get less in your pocket after the lawyer takes his cut.
What to expect during a personal injury lawsuit
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I recently found out how courts calculate damages in personal injury lawsuits, and it was eye-opening—especially when it comes to things like pain and suffering that don’t come with a clear bill.
This made me think that filing a personal injury claim might be worth considering even more. But before jumping in, I wanted to understand what goes into the process of filing a lawsuit with a personal injury attorney.
The lawsuit process begins
From what I’ve gathered, the process starts with filing suit and hiring a personal injury lawyer. Most personal injury attorneys offer a free consultation, which seems like a good first step to get a professional opinion on your case.
Once you have legal representation, they’ll help you gather medical records, accident scene photos, and other evidence to support your injury lawsuit. The initial consultation is also when the attorney might advise you on whether your case is strong enough to proceed.
Discovery phase and settlement negotiations
Next up is the discovery phase, where both sides exchange legal documents and information. This is where things can get pretty detailed, with written discovery, witness testimony, and even depositions.
It sounds like a typical personal injury case might involve a lot of back-and-forth with the other party’s insurance company during this stage.
Most personal injury cases seem to involve settlement negotiations, and many of them end in an out-of-court settlement rather than going all the way to trial.
Personal injury trial and alternative dispute resolution
If a fair settlement can’t be reached, the case might go to trial. This is where things get serious, with closing arguments, witness testimony, and jury deliberation.
The court reporter records everything that’s said, and the jury decides if the at-fault party is legally responsible for your injuries.
Sometimes, though, personal injury disputes are resolved through alternative dispute resolution methods like mediation, where a neutral third party helps both sides reach an agreement.
The whole legal process sounds like it can be pretty intense, especially if you’re dealing with serious injuries and the stress of medical expenses and lost wages. It’s clear that having an experienced personal injury lawyer guiding you through the litigation process is crucial.
But I’m still learning and trying to figure out if this is the right path for me. Have any of you been through a personal injury lawsuit? What was your experience like? Any tips or things you wish you’d known before starting?
Top Comment: In California if the injury happens at work you can’t file a personal injury suit against the employer. The courts will do everything to keep the case in Worker’s Compensation so the injured employees is only entitled to medical care and a highly limited and under valued disability pay for one year. The injured worker has to file for SSDI if the disability is permanent. To top it off the insurance company has to have a Utilization Review to determine if the treating doctors requested treatment is necessary or not. If not the insurance company without being a licensed physician can deny, modify, or approve the treating doctors requested treatment plan. And the Utilization Reviewer should s contracted by the insurance company and isn’t required to consult sternly follow any treatment guidelines through to the end or until evidence is present showing the treatment is causing the injured worker more harm. In other words they pick from a company provided treatment list that doesn’t identify all injuries and excludes some injury and treatment documented by the National Institute of Health library.
Personal injury claim
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I was in an accident recently, OP ran his red and t-boned my car from the left at an intersection. He didn’t accept his fault and the cop arrived late at the scene and couldn’t determine who was at fault as there’s no clear view in the signal video. I had minor injuries but my back was affected. Car totalled and claim was settled with my insurance as the OPs insurance rejected my claim. I hired an attorney for a personal injury claim, I’m currently going through treatment for my back injury. This is my first time in an accident and I have absolutely no idea how it works.
- What are the chances of me winning the injury claim when there’s no fault determined?
- if I lose the claim, will I be required to pay the medical bills? ( the attorney said I don’t have to pay for anything)
- if I did win the claim, after the attorneys cut(33%) if my medical bills are higher than the claim amount, would I be required to pay the remaining amount?
I had no idea what I was getting myself into when I hired an attorney and now I’m scared .
Top Comment:
- Insurance determines fault not the police.
- Yes, you pay your medical bills
- Yes, if your treatment costs are more than your settlement amount you owe those bills.
What are some of the wildest personal injury claims you've ...
Main Post: What are some of the wildest personal injury claims you've ...
$100k bodily injury claim for fender bender? Please help
Main Post: $100k bodily injury claim for fender bender? Please help
Questions about a personal injury claim - Texas
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Was in a hit and run car accident 1-2 months ago in a major Texas city. Was T-boned in the middle of an intersection by a driver who failed to stop at a red light, then immediately drove away. Unfortunately for driver, their license plate fell off at the scene. My insurance found the driver and their insurance.
I went to the ER later that night for evaluation. Was also seen by my PCP, Orthopedic doctor, and psychiatrist. Was given a neurology referral but have not gone as I felt back like myself after 5 weeks or so. Have psychotherapy pending for psych symptoms.
My diagnosis from the above doctors include post-concussive syndrome, back strain, wrist sprain. My dominant hand was placed in a cast by ER for 1 week until cleared by ortho as I potentially had a a fracture but they were unsure. No fractures ultimately, thankfully.
Missed 8 days of work over 2 weeks due to post-concussive symptoms (have doctors notes excusing this). Was taking muscle relaxers, prescription nausea meds, and OTC pain meds during this time. Also missed out on some life events, activities I enjoyed, suffered physical deconditioning as I am an active person and could not play sports/workout as usual. Also, now that I've sustained one concussion, medical literature supports that I am 1-2x more likely to suffer a 2nd concussion with cumulative (worse) effects.
My car was totaled ~$20k in damage and the ACV was ~ $25k. My UIM took care of this as other insurance was waiting on a police report that took weeks to finalize. Now have police report confirming my story - they accept 100% liability.
My medical costs so far total about $5500 including what insurance paid and expecting maybe an additional radiology bill from the ER.
My PTO utilized is valued around $2000 based on annual salary.
I consulted with a couple lawyers but does not really seem like it is worth my time as I feel back to myself. I am a busy working professional and don't want to continue treatment (other than psychotherapy) for the sake of a claim.
A few questions below:
- Does the fact that this was a hit and run resulting in injury (a felony in texas) increase the value of the personal injury claim? I requested to press charges and the case is pending assignment to a detective.
- The driver had $25k limit for property damage which is policy minimum in Texas. Does that mean that also have policy minimum ($30k) for bodily injury?
- Is there any value added by hiring a lawyer here (a lot of push from friends/family to do this)?
- I know everyone hates this question - what is this kind of claim worth?
- Is there anything i'm not considering? I feel reasonably confident I can collect all my supporting documents, write a demand letter and negotiate. Not looking to get rich, just want a fair settlement.
Top Comment: No, strictly speaking about your car, you are owed the ACV of the car. How the damage happened doesn't get you more money. It's reasonable to assume they're carrying the minimum for bodily injury You may find value with a lawyer as they will coordinate the settlement accordingly so you don't have to worry about dealing with getting your medical claims paid. However, a lawyer would take 30-40% or your settlement, which you can get a realistic number even by looking at the low limits this person has. This is not a recommendation to get one, you need to make that choice for yourself The ACV of your car, reimbursement for your medical claims and whatever you deem for lost wages and pain/suffering again keep in mind that low limits are at play. Do you have under insured coverage?
Bodily injury Claim against me
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Back in June of this year, I was involved in a low speed (under 10mph) fender bender. I bumped the back of another drivers car during rush hour. We pulled to the side of the road and I called the local police to come take a report. They deemed me at fault, and released everyone without any citations issued. The driver I struck claimed to be just fine, declined medical help at the scene. I offered to take care of the repairs to her car outside of insurance if she would like, she said she would let me know. There was a couple broken clips on her bumper, but no other damage. My car was totaled (low car hit suv).
Within 10 minutes of leaving the scene, Geico had called to inform me she had filed a claim. GREAT. I provided pictures to them and cooperated with the adjustor as they needed. Fast forward a few weeks, the person had obtained an attorney (Morgan and Morgan) and they were intent on filing a bodily injury claim. I had low insurance limits(25k/50k)at the time and was kind of blindsided considering how minor the accident was.
Months have gone by without hearing about my case. Friday I spoke with Geico and their attorney had sent over a demand for $25,000 to settle the claim. Itemized were over $27,000 in medical bills for an emergency room visit, MRIs, and physical therapy among other things. They listed pain and suffering for over $40,000 and future pain and suffering for $2.9mil. I understand that the accident was my fault, and I do feel for the other party, but I can’t help but feel as though the other party sees this as an easy payday rather than resolving the claim and moving on.
Geico has informed me their intent to pay out my policy limits of 25k and obtain a limited release.
As far as assets go, I don’t have much savings (~5k). I have a rental home with ~20k in equity jointly owned with my wife, and the home I currently live in is worth less than the value of the mortgage. I own a couple of 15+ year old cars and that’s about it.
My insurance adjustor seemed pretty nonchalant about the entire situation. She reassured me they would try to work a subrogation waiver into the settlement, and that insurance companies rarely go after people for subrogation in cases such as these.
This is in the state of Georgia. And I have since increased my insurance limits and have started to search for an umbrella policy moving forward. Thanks for any and all advice.
After getting off of the phone with my adjustor this morning, she reached out to USAA to see if the other party has Underinsured Motorist coverage and has yet to receive a response. She will call me back when she hears anything.
It’s my understanding that if they accept the settlement that the other party can no longer sue myself or Geico. But USAA could send me a bill for subrogation if they pay out a claim to their client.
Do I need to obtain an outside defense attorney? No actual suit has been filed yet but understandably I’m pretty stressed about the situation.
TLDR; Had an at fault rear end accident. Claims exceed insurance policy limit and victim has ambulance chaser attorney. Worried about need for legal counsel to protect my meager assets. I have since upped my insurance limits (100/300k, 100k property) and begun shopping for an umbrella policy to cover myself in the future.
Top Comment: I handle GA and this is common. USAA won't waive subrogation until they have settled with their insured. They do this to make sure you continue to cooperate. This is especially true if suit is filed. They want you to testify about the minor impact, the lack of injuries at the scene, etc. You should have a defense counsel provided by the carrier and if you want you can get your own counsel as well. Let your carrier know if you get suit papers.
Bodily injury claim after accident
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My husband was in a car accident back in November and was apparently just found at fault because the police report put him at fault. He was sideswiped and pushed into a car. We just found out three of the occupants of that car are filing a claim against us for bodily injury. My husband said everyone in the car got out on their own, walking around, talking on the phone etc. One took an ambulance to the ER for shoulder pain— police report says ‘possible injury.’ Everyone else left. The damage to his car on the side that hit their car was pretty minimal so I image the damage to their car was fairly minimal as well.
I am just curious how this is likely to play out? Our coverage is 100k/300k. I guess I’m just a little confused why they retained an attorney if they didn’t have major injuries. Is there any way this woman could claim she is now disabled due to her shoulder and blame us for that even if she had no significant documented injury?
I know we should talk to our adjuster but we have been trying to call them as well as their supervisor and are not getting called back. We’ve never dealt with anything like this before so just unsure what we are dealing with. Thanks!
Top Comment:
Police don't determine fault for insurance purposes.
You don't know what kind of injuries they may or may not have as neither of you are qualified to make that determination. While rare, they absolutely could have serious injuries from a minor accident or, more likely, they could be one of those people who listen to idiots on reddit and other places to "lawyer up" regardless of how minor any injury is. You have decent limits. Your insurance will make every attempt to settle within those policy limits. Most cases like this never make it to court. Let your insurance handle it.