Legal Question in Personal Injury in California

Open medical on auto accident

one year ago i was involved in an auto accident caused which me to have a ruptured disk in my lower back, I was also four month pregnat. during my pregancy my leg would always hurt due to a pinch nerve in my back. I couldn't excercise properly during my pregnacy like doctor would like me to. I ended up having a c section which i think would have been avoided if i could of exercised right. i then had surgery to correct the ruptered disk. i now have a permant scar also i was unable to care for my child during my recovery. my total medical bill has come close to 30,000.00 dollars. now the insurrance company of the guy at fault wants to settle for 100,000.00 dollars. i even hired a lawyer to help but i feel he really hasnt been much help. also i am afraid that i wont be able to carry a pregnacy to full term due to my back. i also want to know if i can leave open medical for anything that might happen to me due to my back. also should i settle or should i sue for more because i will probly be left with about 25,000.00 after i pay all my medical and legal fees which think does no compansate me fully. but can i get more even if his claim says 100,000.00?


Asked on 3/16/98, 3:46 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

A settlement will be final

Once you settle a case it is final. you cannot leave it open and come back for more later.

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Answered on 3/25/98, 12:16 am
John Hayes The John Hayes Law Offices

oNE HUNDRED THOUSAND

Sorry to break it to you but you should count your blessingsthat they offered the policy limits. You should accept thisoffer and get on with your life. Even if you take this to courtyou will still end up with the same amount in the end. Or woursethe jury could award you less. Even if they awarded you more. youwould never see more than the $100,000 because collecting from the privateparty is impossible. You will not get future medical coverage.This is just how the law works. If you go to court you will get thesame amount it will just drag on for a couple of years. It soundslike your lawyer has done a great job in getting policy limits. Whateveryou might think your claim may be worth the bottom line is you will never see more than 100,000. I suggest that you take the settlementand get on with your life.

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Answered on 3/25/98, 11:41 pm


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