Legal Question in Personal Injury in Mississippi
Ankle Sirgery...Car Accident
I wanted to see if there was a reasonable answer to the following:
An open and shut case..the other driver at fault and the victim sustained a severe ankle fracture requiring three surgeries. The ''at fault'' driver has $100K in liability insurance. The total cost of surgeries and other medical (physical therapy, medication, etc.) thus far is $63K.
The question is, after the $100K is reached from loss wages, medical bills, property damage, etc., does that mean that there is only atound $10-$20K left for pain and suffering, or is there other means for restitution.
Thanks for taking the time on this question!
--name removed-- Cox
2 Answers from Attorneys
Re: Ankle Sirgery...Car Accident
Two other possible sources of recovery in a case like this (large medical bills and low insurance limits) are uninsured motorist coverage and personal assets of the tortfeasor. There may also be other contributors to the accident (i.e., other sources of recovery). I would have to know more about the circumstances. Good luck!
Re: Ankle Sirgery...Car Accident
In addition to the insurance, the driver's assets and income are subject to paying for the pain and suffering as well as the property and insurance of anybody liable with the driver. However, the driver may be able to avoid such liability by filing bankruptcy.
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