Legal Question in Personal Injury in Texas

My daughter was in a wreck Nov 2007 when a guy ran a red light and she has had neck problems ever since. MRI, xrays, nerve tests, etc show normal except for initial whiplash. The insurance company has sent her a check for $4,000 which does not cover everything but they said they are only covering the timeframe that this injury normally takes to heal. In other words, she must be faking.

She has developed a habit (very annoying one) of moving her head when it is hurting as she is trying to get it to pop in place or remove tension, etc. I also know how many aspirins she takes a day and the lack of sleep.

Is this worth fighting without any medical records to back the pain up?

Also, to complicate matters more, she went to physical therapy, which was helping some. She had just started with another therapist (all they had done is taken beginning measurements), when Nov 2008 she was in another automobile accident (again not her fault).

The neck was now worse than it was before. I made her go to the dr immediately (chiropracter that was the only dr open that early) took measurements again after the wreck and it shows the difference...that flexibility/range of motion was now worse than original measurements.

All I know is she is in pain but have no idea what to do.

Does she go ahead and cash the first wreck's check or is that going to affect dealing with the 2nd one? The first was an uninsured motorist so we are dealing with our insurance company that we had at that time (Allstate). Due to all the medical she had to pay out of her own pocket, she had to pick up a part time job and has not been able to go to the dr as she needed on the second accident like she should as she did not have the money. I have been off work so was unable to help her.

It is a big mess. I am afraid the second wreck company will try to get out of anything saying it was caused by 1st; although, range of motion measurements prove that untrue. She also has not had thorough dr visits as she could not afford, so will they use that against her?

Bottomline, it looks like she has a neck that for a now 26 yr old shouldn't be hurting like it does and probably will for the rest of her life.

Any advice would be helpful.

Thanks.


Asked on 2/04/10, 4:56 pm

1 Answer from Attorneys
Dan Street Street Law Firm

I am very, very sorry to hear about your daughter's accident and the physical problems she is having. Unfortunately, there is a two-year statute of limitations on every injury case in Texas. It appears she has waited too late to do anything. Once the statute has expired, the insurance company cannot be made to do anything, no matter how severe the injuries. (There are some exceptions if it is an "uninsured motorist" claim. Also, she may still have time on the second case.)

I do have to ask this, though, and I ask it respectfully and only because I see this over and over and over again: WHY DO PEOPLE WAIT 3 YEARS BEFORE CONSULTING AN ATTORNEY? Statistically, it is a FACT that 9 out of 10 people settle with the insurance company without ever even consulting with an attorney. That just amazes me!! Somehow people think they are capable of negotiating an insurance claim when, time and time again, they get burned by the insurance company. If you had a tumor, you would go to the doctor IMMEDIATELY. Yet people get into automobile accidents, have serious injuries with medical bills, lost wages, automobile repairs, and other major damages, yet they feel capable of negotiating a complex claim like that without ever even speaking with a lawyer. I just simply don't understand--especially since it doesn't cost one dime to speak to a skilled personal injury attorney, and all cases are taken on a contingency-fee basis. You KNOW insurance companies are crooks. You KNOW going in they are going to cheat you. You KNOW their goal is not to pay, but to NOT pay. And you KNOW they have an entire building full of lawyers working for THEM. So why, knowing all that, do people still think somehow they are up to the task of handling their own claim without legal assistance? This young girl now will have to suffer for the rest of her life, and do you think the insurance company CARES? And the tragic fact is that ONE CALL to an attorney could have rescued this young girl and her case. Look, you don't have to call a TV lawyer. In fact, you should NEVER call a TV lawyer. But surely SOMEBODY you know could have recommended a competent, honest attorney.

Again, I'm very, very sorry for your loss. I hope that everyone reading this will learn from this tragic situation. PLEASE! Just call and get some free advice, if nothing else.

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Answered on 2/10/10, 10:51 am


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