Legal Question in Personal Injury in Nevada
Fair compensation?
I was in a car accident on November 19, 2004. I was rear ended by a car doing approx 35 to 40 mph and hit the car in front of me. I was a passenger. I had immediate pain to my neck and face which hit the dashboard. I underwent physical therapy and chiropractic care for approximately 3 to 4 months. In these months, I treated for a large lump in my shoulder which was my greatest source of pain, which I believe was never properly diagnosed as no MRI was ever done. Other treatments were done including trigger point injections in that shoulder but to no avail. The shoulder still causes me great pain to this day. My medical bills total $11,000. The doctors diagnosed only soft tissue injury. A demand was submitted and the offer back was $15,000. If the doctors will drop their fees 50%, which is very ify, I could end up with $5,000. I don't believe that's adequate considering the pain I still suffer over a year later. I can't even carry my daughter anymore due to the pain it causes. Given that it has been diagnosed as a soft tissue injury, is $5,000 the best I can hope for or is it worth it for me to file a lawsuit? If I do file, will I end up worse off in the end?
2 Answers from Attorneys
Re: Fair compensation?
Nevada's auto insurance liability minimum coverage is $15k per person. It may well be that the other driver had only that much insurance, and his company is offering all they have to settle your claim. Did you consider making a claim on the insurance held by the driver of the car in which you were riding? At the least, he or she should have medical coverage you can pursue (as should the other driver, above and beyond the liability coverage), and there is nothing wrong with you making a claim on your friend's policy, as well as the rear-ending driver's.
Your case MAY be worth more, and there may be a good bit more coverage for you to pursue. Email if I may help you deal with the insurance companies involved.
Rick D. Williams, Esq.
Re: Fair compensation?
It depends. $15,000.00 could be the defendant's policy limit and if the defendant has no other assets, then you can't really get much more. Get an attorney to find out the policy limits for you. Give me a call, I can refer you to someone who may be able to help you.
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