Iowa Personal Injury - This one has a fool for a client...

Question: How do I get the medical bills paid after being hit by a car? I was struck by a car while crossing the street in a pedestrian crosswalk. Based on 8 witness statements that my family obtained from people working at the restaurant next to the intersection, the car was speeding and appeared to have run the red light. The police officer did not write any citations and only took a statement from the driver that said he had the right of way. My injuries have resulted in 2 broken hips and a crushed pelvis all of which required surgery. During surgery I suffered a heart attack which I am recovering. I spent 2 months in the hospital and will be unable to walk for 5 months. There are still many more hospital visits, therapy sessions, and who knows what else. The driver's insurance company said that he only has a $300,000 per accident limit and cannot offer anything above that. My medical bills today are at $576,000.00 and I have already missed 4 months of work. What are my options to for at least getting my medical bills covered and maybe a little pain and suffering for future issues that may come from this?

Answer: Well, without having the opportunity to interview you, to investigate further or to review documents it is difficult to know how to answer your questions. If my office had this case we would do several things that would include to investigate the facts, review all the possible insurance coverage’s, examine the intersection and police officer’s investigation to see if there are other potential defendants and then we apply my 30+ years of personal injury experience to figuring out, whether or not there is a way to reduce what you have to pay the medical service providers in order to free up some of the money for you. Maybe that’s all there is, just $300,000, but then again maybe they aren’t telling you everything about the insurance and then again maybe your lack of experience just doesn’t allow you to know what questions to ask. The fact you can’t file a lawsuit and haven’t hired an attorney sort of places you at a disadvantage. That disadvantage is pretty obvious to the insurance industry.

Now normally I don’t go after people who through fault cause someone else an enormous loss, but in this instance maybe your lawyer would. With medical bills looking like they are going over $600,000 something has to give.

Points to Consider:

  • By delaying seeking legal representation, are you destroying any chance of ever being fairly compensated?
  • How do you know how much insurance there is?
  • How will you identify all the possible defendants?
  • What needs to be proven to establish any of the many legal theories of recovery?
  • Is your delaying the investigation allowing defendants to destroy valuable evidence that would prove your liability case against them?
  • Have you considered filing for bankruptcy? If so do you know about the timing issues and how you lose your right to receive a personal injury settlement if you do file?
  • Be honest with yourself, why haven’t you hired a lawyer to assist with this claim?
  • Are you being penny wise and pound foolish?
  • And what do you have to lose hiring an Iowa personal injury lawyer?
  • Asked another way, what are you gaining by not hiring one?
  • By representing yourself do you have a fool for a client?

Now let’s get personal:

  • How old are you?
  • Did you suffer a head injury and traumatic brain injury in the accident?
  • Are you even competent to represent yourself?
  • Are you married?
  • What is your wife saying about all of this?
  • Maybe you should ask a friend what he would do.
  • Have you considered how the insurance adjusters act friendly, but are not even close to being your friend.
  • Where are you getting legal advice?
  • Have you watched some of our videos explaining the mechanics of personal injury litigation? Maybe you should.

Good luck with your case, because you are going to need it and if we can help you give us a call. 

Steve Lombardi
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Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
Thanks for the sharing of such information. we will pass it on to our readers. This is a great reading. Thanking you
by Personal injury claims October 30, 2013 at 11:55 PM
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