Legal Question in Personal Injury in Ohio

auto accident injury with significant medical bills

I was injured in an auto accident. The car rear-ended me and pushed my car under the truck in front of me. I have had to have a cervical discectomy with fusion because of herniation due to the accident. I have been off work 10 weeks and have medical bills totalling $16000, so far. We have almost gone through all of our savings. Should I ask for a settlement now rather than drag this thing out any more? I was injured June 30, 2001.


Asked on 12/03/01, 11:23 am

6 Answers from Attorneys

Paul Kray Paul J. Kray, Attorney at Law, LLC

Re: auto accident injury with significant medical bills

You should choose an attorney in your area to assist you with this matter. Rarely, if ever, will you get an insurance to offer a fair settlement for that type of injury. Because your bills and injuries are significant, there may even be the need to research whether there is additional insurance coverage to properly compensate you. Please feel free to call me discuss some of these issues at 330-225-1491.

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Answered on 12/04/01, 7:16 pm
Rodney Berry Berry, Kessler, Crutchfield and Taylor

Re: auto accident injury with significant medical bills

It would depend on how much insurance the other party has. If he has limits of $50,000.00 or under, you would probably be as well off with a settlement now. If it is more, the insurance company probably won't tell you nor will they be willing to pay it. You must also check and see if you have any underinsurance coverage. If you do, you must determine how a settlement now for less than what you should recieve will effect your ability to collect underinsurance.

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Answered on 12/03/01, 5:28 pm
John Phillips Phillips Law Firm, Inc.

Re: auto accident injury with significant medical bills

Your question cannot be answered "yes" or "no" because you did not provide enough information. What is your prognosis for a full recovery? When will you be able to return to work? Will you be able to perform the same job? What will your future medical expenses cost? What is the likelihood of an early onset of arthritis? What is your whole body impairment? How much can the responsible party afford to pay? Do you have insurance that would pay over the fair settlement amount if the responsible party is inadequately insured? Does the responsible party have assets to pay above and beyond insurance?

All of the above questions should be analyzed before any case is settled, especially a case with the types of serious injuries that you describe. I would be happy to work with you answering any questions that you have, or helping you find an attorney in your area to help you. I can be reached at 1-888-883-2600. Good luck.

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Answered on 12/03/01, 9:58 pm
Gregg Manes Gregg A. Manes, Esq.

Re: auto accident injury with significant medical bills

It would be my suggestion to wait a while to settle. If you settle now and there are complications later or surgery is needed later it will be too late to get more money. Wait untill the doctor says that you are as good as he can get you.

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Answered on 12/08/01, 10:58 pm
Brian Halloran Brooking and Halloran, PLLC

Re: auto accident injury with significant medical bills

With a discectomy, and the nature and amount of the injury you have, there is likely to be a permanent impairment rating given by your doctor under the AMA guidelines. As a rule, Insurance companies love when injured people don't seek legal advice and settle by themselves. They will tell you anything that benefits them in order to "settle short" with your claim.

Quite frankly, even if it takes more time, you would be better off with an attorney and finding out the exact nature and extent of your injuries, future medical care and lost present and future income as a result of this accident. Further, you may have multiple resources to go after since this was a multi-vehicle accident. Last, but not least, you may have additional coverage under your policy that provides you with more money (ie: Uninsured and Underinsured Motorist coverage). I hope this helps. If you need further assistance, please call. I've handled hundreds of accidents just like this. Good Luck. 859-491-5800.

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Answered on 1/04/02, 6:17 pm
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: auto accident injury with significant medical bills

We usually tell clients to wait at least six months before settling so that the nature and extent of the injuries are known. This is for clients with soft tissue injuries. In your case, I would not advise you to settle now. I would wait at least six months to a year after the surgery. You do not know what your permanent state is going to be yet. Have you requested any medical payments from your insurance company? I would recommend that you retain an attorney in this matter due to the extent of your injuries in order to assist you in obtaining all the compensation to which you are entitled. Insurance companies try to settle for the least amount possible and you may be entitled to more than they offer you. If you have any further questions, please contact me.

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Answered on 12/03/01, 11:50 am


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