Legal Question in Personal Injury in Tennessee

Re: Settlement

In such a serious case your son should not sign anything. You should have an attorney review the form and the situation immediately. Under ordinary circumstances your son would be entitled to payment of his medical bills, lost earning capacity, pain and suffering, and recovery for any permanent injury. Do not let the insurance company brow beat you into signing something which would extinguish those rights. See an attorney immediately.

Re: Settlement

Yes you need an attorney. Given the extent of your son's medical bill and injuries, you will need a personal injury attorney to guide you through this process. As far as the release is concerned, you need to ensure that you are not releasing a claim against the driver of the vehicle your son was riding in. If you want to discuss, please call or e-mail.

Re: Settlement

It is very important that you contact an attorney experienced in personal injury law. You absolutely should not sign anything of this magnitude without having such a lawyer review it. The insurance company will (or should) understand your desire to have legal counsel review such a document. You have asked a very good question about pain and suffering and lost wages. From the facts you have provided, you should know that your son would be entitled to seek compensation for pain and suffering and lost wages. He would also have a right to seek past, present and future medical bills as well as the loss of future earning capcity. Your attempt to handle this yourself is a mistake as you need a professional. Please be careful and please be aware that there are certain deadlines to comply with. If you have any further questions please feel free to contact me at 901-527-9600. I wish you and your son the very best of luck and I hope your son makes a quick and full recovery. Marc Reisman

Re: Settlement

Thank you for your question. This is a VERY tricky area of the law but there is hope for you! Some insurance companies DO REQUIRE this type of form to be signed before they will pay for the medical bills. However, you son still has an EXCELLENT chance to recover for his personal injuries and losses. So, do not dispair. I really would like to read the form that the insurance company wants you to sign and talk with you in more detail about this matter. My facsimile number is 931 645 3533 and my phone number is 931 552 3475. Please call me or e-mail me so I can call you to discuss this matter. Thanks you.....Bill Poland

Re: Settlement

You appear to be asking a few questions.

First, does your son have to sign the form? Probably not. I would need to see the insurance policy covering your son, and take a look at what you refer to as a "third part form," but most likely the insurance compnay is still obligated to continue paying for his care even if the form is not signed... but also it is almost certain that the insurance policy itself contains provisions called "subrogation" language that already requires your son to reimburse the insurance company from any settlement or judgement for anything they pay on his medical bills.

Second, can your son still recover for pain and suffering from the responsible party (the negligent driver)? Yes... *IF* youcan establish the driver was negligent and the driver has any assets to pay the medical bills AND for his pain and suffering. That's a big if. Most people do not carry insurance that would cover the kind of bills your son has had, and few people have the financial assets to pay it.... meaning even if the judgement is entered, the other driver then generally files bankruptcy and avoids paying. (Unless your son carried uninsured motorist coverage, essentially insuring himself.)

Third, does your son need an attorney? Yes. Your son is unfamiliar with the legal issues involved and doesn't know what the "norm" is in cases like this. Additionally, if the work is not done now to start preparing the case in the even it goes to trial, your son's case is likely to suffer. Injured people with attorneys tend to recover more than injured people without attorneys, and that is even once the attorney takes his fee.

Talk to an attorney who does a fair amount of work with personal injury cases. For general information check my website at jesbeard.com and look at the section on personl injuries. Or call me at 423-267-4391 or e-mail at [email protected]