Legal Question in Personal Injury in Virginia
I was involved in a car accident in 2009 where I was almost killed. I suffer major head injures and lost my short term memory. I was also told that I will have migraines for the rest of my life. The lawyer I have retain says that the person's insurance only covers $25,000 but my medical bills are around $24,000. Meaning that I won't get any money from this accident. Is this indeed true? Because I always that people receive money for pain and suffering. I believe this case is much bigger than the work he is putting in but they have already cut a check for $25,000.
1 Answer from Attorneys
It's the old saying "you can't get blood out of a turnip". What I mean to say is if the other driver only had 25k in insurance (the min. required in Va) that may be all you can recover. However, unless your medical bills were paid by medicaid or medicare or a self-funded ERISA health insurance plan, you will not have to reimburse the health insurance company. If you, or any family members who lived with you, had an automobile with greater than 25k coverage, you may have underinsured motorists coverage which will provide more money. Likewise, you should ask your attorney to confirm the other driver only had 25k. Unfortunately, 25k may be all that you can recover--and not the fault of your lawyer.
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