Legal Question in Personal Injury in Texas
HI, to whom it may concern i just have acouple of questions.
I was in a auto accident in san antonio tx on Aug of 2012. I was wondering on a personal injury case is the max amount is $30,000 i can recieve. I went to treatment until the doctor was able to release me. I also got Steriod shot i guess in my back to reduce the swelling. After i could only do the shot procedure three times which i did all of them. I had todo a surgical consultation. After going to that the doctor said i must need surgery but is not giving it to me because of my young age and the surgery is mostly going to make it worse and mostly for older people. Everything is documented on what the dr stated. My question is should i be recieving more money because i thought personal injury didnt have a max or min. if you need any more information i wouldnt mind answering them for you thank you very much =)
1 Answer from Attorneys
You are entitled to receive compensation for whatever losses you have experienced. That may include property damage to your vehicle, loss of use of your vehicle, diminished value of the vehicle, existing medical bills, future medical bills, past and future pain and suffering, disfigurement, loss of use of your body, present and future lost wages, and possibly other losses you have experienced.
My guess here is that the insurance company is telling you that is the maximum you can receive. That is either because that is what they are telling you is the upper limit of what they think your injuries are worth or, more likely, that is the maximum amount of personal injury coverage the person who struck you has on their vehicle. If you were to sue the other driver and won, the insurance company would pay the maximum $30,000 and then you would have to try to get the rest of the jury award somewhere else.
Your uninsured/underinsured coverage may be available to stack on top of the other driver's insurance and extend insurance coverage for your injuries. Discussing your case with a personal injury attorney would be a good idea. Most likely you can stack insurance policies but you need to first talk to a lawyer who can review your claims and figure out what would be a fair number to obtain on your injuries. Most people do not ask for everything they are entitled to receive, which automatically gives the insurance companies a win.