Legal Question in Personal Injury in Missouri

Re: Hit by a tractor trailr truck

You are asking me to comment on another attorney's representation without having all the facts. Nothing in this message should be construed as a suggestion that your attorney has done anything improper. As between this message and the advice of your attorney, you should follow your attorney's advice.

That said, there may be several factors that affect your attorney's recommendation. I don't know how many people were involved, how serious the injuries were, or whether there are other complicating facts. Generally if a person is disabled from work, part of their damages is the amount of money they would have earned absent the injury. In your case that would be the wages and fringe benefits you would have earned reduced to present value. (basically, if you multiple your work life times your salary and your fringe benefits you get a number. The present value of that number is the amount of money you'd need to invest today in order to get that amount of money in the future).

However, part of what affects an attorney's judgment on what is or is not a reasonable settlement is what the defendant can pay. If the defendant has limits of liability of $50,000, or if the defendant had to pay damages to others and has exhausted his limits of liability, then some money is always better than no money. Absent an inability to work and lost wages, a settlement of $50,000 for $15,000 in medical bills would be in the very good range in many rural counties in the state of Missouri, and would represent good advocacy on the part of the attorney.

As to the trucking company, whether they can be sued depends on the facts, and your attorney will have already made this determination. Without additional facts, I cannot, and should not, answer the question.

Sometimes at critical stages of a case a client will want a "second opinion." We generally do not get into the business of providing one, because no matter how good a job you do of relating the facts to us, you unintentionally leave something out. If you believe your attorney is working hard for you, stick with him. If you don't believe your attorney is working for you, then you always have the option to fire him and move on to someone else. However, there is no guarantee that a new attorney would do any better than your old attorney, and in some cases, they do worse because they don't know the facts, don't know opposing counsel, and don't know the issues in the case.

Since you are settling this case and you won't be able to go back later and change your mind, you owe it to yourself to be sure. If you have any questions, you should contact another attorney for a second opinion. However, because I have provided this answer, I do not feel that I can help you because your current attorney might think I am "poaching." So, if you need or desire a second opinion from another attorney, the Missouri Bar Lawyer Referral Service can give you several names.

I hope this helps you.