Legal Question in Personal Injury in Rhode Island
MVA - Personal Injury settlement offer unfair!?!?
13 mos. ago, I was in a MVA in RI, where I live. Stopped at a traffic light, I was rear ended by a truck (MA res.) so hard that my caravan was pushed into the van in front of me (6k total damage to my veh) & forcing me & driver seat to recline. I suffered hern. disks in my neck & back. Unable to work for 6 mos. I saw a chiro 3x's a week w/phys thrpy. (lieu of surg). I collected TDI, but the amt. was much less if I was able to work. I lost a substantial part of my annual salary over six + months (also, my position was elim. due to a Corp. buy out and I never returned to my job! I went from tdi to unempl.) My med. bills are $9k +, and the phys. and emotional suffering that this accident caused changed my way of life. I'm a single mom of 2 sons who depend on me to play the role of two parents - and this accident has taken its emotional and phys. toll. The ins. adj. of the party that hit me offered $15k (max policy is $25k.) and said that I should've recovered quicker with less treatment than I rec'd. I went for an Impartial exam at RI TDI's request who supported my inj's. My atty gets 1/3 of 15K, less the 9K med. bills, leaving little left. What about P & S? My ins. won't help because I was'nt awarded the full 25K. Unfair?! Advice??
1 Answer from Attorneys
Re: MVA - Personal Injury settlement offer unfair!?!?
Your present attorney is in the best position to assess the strenghts and weaknesses of your case. In a typical injury casae you may recover medical expenses, lost wages, pain and suffering, permanent impairment and scarring (if any).
By the tenor of your request you may not understand the true nature of your injuries. My interpretation is that you are mistaken that you have suffered a herniation of a cervical and lumbar disk causally related to this accident. If that were the case, and the company only had a 25k policy they wouldn't expose there insured to an excess judgment and would tender the policy limit.
The amount of bills, if they are all from chiropratic care, would seem to be excessive. There is a reason that only 15k is on the table. It could be because it is a minor impact accident or that your injuries are just not substantial.
If you do not feel that you are being properly compensated you have the right to require your attorney to file the case in court and have a jury determine the extent of your damages. You retained your attorney to bring this matter to a conclusion that is acceptable to you, not to him or her, so make a demand that the matter be filed and determined by the court. I would caution you against discharging the attorney, or allowing the attorney to withdraw while claiming a lien for work performed. You will have a very difficult time retaining another attorney with a lien ont he file from the first attorney for his fees. If your attorney does not want to proceed to trial, a right which you have when you retained him, and demands to be discharged be sure to allow this only if he waives all fees for work performed.
As an alternative, you can make demand for artbitration, which is non-binding. It is very inexpensive (about $200 each party) and at least having the case heard before a third party will give everone a reality chack on the value ot the case.
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