Should I get a lawyer for my personal injury?

My fiance' & I were rear-ended Monday by someone exceeding the speed limit by 80mph. We were going about 15 mph (just pulled out and got straight in the road) The other person was doing 125 mph when we were hit. It of course totaled my car and unfortunetly the other driver did not survive. I still owe about $1600 on it so I am sure I will get that much for it. Their insurance company took fault of course & got me a rental car for 70 days. I went to ER that night & all x-rays were ok. I was released w/a cervical strain & a thoracic strain & a knee strain. I have only slept maybe 8 hours total in 4 days, everytime I close my eyes I see the accident, I am working b/c I can't afford to stay out but my production is going down hill b/c I can't focus. My neck pain is getting worse & my back as well. I went to doctor yesterday & he basically said I had strains & muscle spasm that should go away. He gave me anti-inflamtory meds & something to help me sleep but that hasn't worked yet,
Additional Details
last night I still didn’t sleep, and when I do I have nightmares of the accident. My fiancé’ didn’t get hurt but he has images as well so he is going to doctor to help him rest to. We both saw the person be ejected out of the vehicle and fly in front of our car. It’s horrible. People are telling me that I can get their insurance company to give us the value of the car and still be able to settle with the medical later. One is that true? Next question, everyone is telling us to get a lawyer b/c this “post traumatic stress syndrome” that the doc told me I had could last forever and I may always have problems with my neck and back. I need help; I have never been through this before. Please tell me ups and downs and what’s the best way to handle this? At first I didn’t want anything except to get another car. But as times goes on I am so mad that this person was traveling this fast in a 45 mph zone. Our car that was totaled was my fiancé’s late aunts. He wanted to always keep it

la428282

IM sorry to be blunt with you.. but im going to be.

Let me get this straight... you are worried about getting the most you can of money for "pain and suffering" from a dude who was killed in an accident? does that sound as selfish to anyone else as it does me? You want to "punish" his insurance for you having to watch him die? Arent you just happy that you got to live? I dont think anyone should benefit from someones elses death.

Yes, this was traumatic and you should certainly expect the at fault parties insurance to pay your injury bills and any counseling you may need... but expecting a large amount of money for having to see someone die.. im sorry.. that just hits me the wrong way. If you permanantly injured.. they yes, you are owed more for that.. but.. sounds like you dont even know yet.

If they give you the fair value of your vehicle and reasonable rental... as well as pay your medicals.... why would you want to delay it all by hiring a scumbag lawyer who is going to try to take a deceased person for all they are worth? ugh... that really just hits me the wron gway.

The reasons you state you want more money "im so mad they were going over the speed limit" and "the car has sentimental value"- have NOTHING to do with personal injuries. You think your going to punish him for going fast by taking money from his insurance? How does that punish a dead person? And you are only owed actual cash value of the car... "sentimental value" has nothing to do with the settlement legally.

CwboyBill

You CAN settle the property dmage (the car) and medical seperately -- unless you hire a lawyer. Then it's two to three years of waiting for your 'lawyer' to complete paperwork, return calls, etc. The longer they drag the claim out the more it appears they are working. When you finally settle (usually for less than 5% above what the insurer offered before the lawyer) you then get to pay him/her 33% of ALL the money you recieve. Do not believe people that say a lawyer can get you tens of thousands of dollars for an accident. Insurance companies are NOT afraid of lawyers -- they have dozens of them on staff and will fight like a caged animal if they even think someone is trying to inflate a claim. One more note; your 'trauma' is just nonsense. Yes, it's frightning. Yes, it's stressful and yes, it's painful but the sooner you get a grip and realize that you SURVIVED and should savor life and be thankful you are still here and not paralized or blind or a million other things, the better you will feel. Sueing the driver's insurance company isn't going to punish HIM -- he's done. You, on the other hand, will live to tell the tale and possibly make a difference in this world.

bundysmom

To be quite honest with you I'm surprised they accepted 100% liability for this loss. Sure the guy was speeding and he needs to pay for that (other than thru death) but he still had right of way over you. Had you not pulled out when it was not clear & safe to do so the accident wouldn't have happened...your actions were the proximate cause of this event, but his unsafe speed obviously contributed to this event. I'm also surprised his family hasn't filed suit against you either. Who knows, maybe they will. But as far as you getting a lawyer, you may want to but not for personal injury.

oklatom

Your insurance agent will be the best source for answers at this point. Don't even try to make any decisions yet, you are still reeling from this and will make bad decisions until you have had some time to get better. Especially do not talk to an attorney yet. I would consider asking the doctor for a referral for the post traumatic stress though.

Irish_Girl860509

It sounds to me like you pulled out in front of him... I sympathize for people who get hurt in accidents and need to get money for their injuries so if it was definitely his fault then I would definitely get a lawyer. If it's obviously an injury from the accident then I can see how it would be fair, but I have such a hatred for people who are in an accident and are fine, even when the doctors say they are fine, then go hurt themselves and go back to the doctor then sue someone for half a million dollars...I rear-ended this guy on a rainy day going between 10 and 15 miles an hour, and he was just fine!! Then about three weeks later I got a letter from this lawyer that said I was about to be sued... evidently the slight bump made him break a bone in his neck... (yeah right)... but I got sued for half a million dollars. It was SO evident that he did something to himself it makes me SO mad!! And he got all that money too. Talk about a jobless bum who will do anything for free money. Grr.

mbrcatz

"Personal injury" is libel, slander, false arrest, discrimination. So I THINK you mean, bodily injury.

Are you SURE the rental is for 70 days? That's not right - usually its until they cut you a check for your car.

Yes, you can settle the property damage/medical/pain and suffering seperately from each other. Don't rush to get an attorney, you do NOT have severe injury, they're only going to slow down the process and take 30%.

"Sentimental value" isn't insurable, sorry. It's not covered. You'll get actual cash value, which should be right around the www.kbb.com private party sale price.

HOWEVER. What you're entitled to can vary WILDLY by state law. Some states, you can ONLY collect up to your own medical limits, some states you need to have "severe injuries" defined by dollars or description. MOST states won't cover "mental anguish" or post traumatic stress syndrome.

You're going to have to talk this over with your agent, to see what is and is not reasonable, in your state, with your tort options, with your coverages, etc.

Daniel C

1. the property loss and the medical costs can be settled separatelty.
2. Sounds like a fair amount of pain and suffering.
3. Get a lawyer before the insurance company tricks you into signing away your rights

mamarat

Yes, get a lawyer. That was a horrific accident and I expect you'll be dealing with the effects for a very long time. Settling the car issues could be done with just an insurance claim, but the emotional trauma and the medical should be handled with the help of an attorney who will look out for your best, and future interests. ESPECIALLY with the guilty party being deceased. You will need to be well represented.

I am so sorry this happened to you. My thoughts and good luck wishes to you!

***Sactokings answer was very, very good and very informative. I'm sorry if I abbreviated too much in trying to say something similar (well, my advice to get an attorney is just for your protection, but it is definitely a family choice and does have drawbacks). Hopefully you won't need to go beyond insurance companies, but he's right...document EVERYTHING. God forbid you have to sue the estate because the meds go over his policy limits. Bless you***

Enter Your Message or Comment

User Name:
User Email:
Post a comment: