Is my personal injury claim capped by a drivers policy limit?
I was recently run over by a vehicle as I was walking through a parking lot. The injuries almost took my life. As a result I have already required emergency life saving surgery once, in which I lost my spleen and almost a kidney (the doctors said there was barely enough of it alive to leave it in). I also incurred other injuries to my ribs and spine. My back has not healed and will need further treatment as time goes on. The removing of my spleen will affect me for the rest of my life as I am now more likely to get infections and illnesses that could become life threatening at a much more rapid pace. I missed over two months of work and have recently just returned on a light duty basis because I had no income and have a family to feed.
My question is that my lawyer is saying my settlement will be capped by the drivers insurance policy. So if she has the mini. $20,000 policy, that is all I get. This does not seem right to me, as I have heard of huge settlements in the past for accidents like this and for pain and suffering. I have had quite a bit of both after spending 24 days in the ICU and missing an entire month of my then two month old sons life. My fiance has also had to go through a lot, can that be a factor? Is my settlement really capped at her policy limits or can I get above and beyond that from her insurance company? There is no telling how this will affect me long term (the loss of a spleen as I said leaves me much more open to illness, I must get a flu shot every year and other immunizations every year. There is no telling how much time off of work I will miss in the years to come as a result of these illness’. Also the spleen has been linked heavily as a cause of early death in patients who have had theirs removed.)
Tags: capped, claim, drivers, injury, limit, personal, policy
May 11th, 2009 at 6:00 pm
means all you can get thru insurance company doesnt mean you cant sue her for more might need a better lawyer
May 11th, 2009 at 6:34 pm
Yes you can only get so much from the insurance policy. However, just like my policy says anything that is owed after that comes from the driver themselves (their assets etc). I would tell your lawyer (or even get a different one) that you don’t want to settle at 20,000 (especially since it probably will barely cover your medical bills) and that you would like to do what you have to to get the rest that you need from them. It might mean actually suing the person but oh well they shouldn’t of ran you over.
May 11th, 2009 at 7:04 pm
You get the amount covered by the insurance, and then file a Civil Suit for the rest. I would be getting another attorney if he actually told you that.
May 18th, 2010 at 12:55 am
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June 3rd, 2010 at 3:10 am
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June 7th, 2010 at 1:21 pm
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February 3rd, 2011 at 5:21 am
Well it depends on the exact limitation they put on your account.
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February 15th, 2011 at 7:33 pm
I agree over dramatic if that happened to u I bet that u would be balling yr fucking eyes and honestly he wasn’t freaking as much as other sports injuries I’ve seen so shut the fuck up
February 22nd, 2011 at 1:25 pm
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March 4th, 2011 at 5:04 pm
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March 23rd, 2011 at 6:00 pm
You answered your own question, didn't you? Selfish drivers think turn indicators are optional equipment.
April 24th, 2011 at 9:37 am
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June 5th, 2011 at 12:42 pm
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June 8th, 2011 at 4:38 pm
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June 16th, 2011 at 6:37 am
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June 16th, 2011 at 3:05 pm
James Anderson made an early impact on his return from injury as he broke Sri Lanka’s opening partnership after a delayed start to the Rose Bowl’s first Test match
July 2nd, 2011 at 6:22 am
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July 14th, 2011 at 1:21 am
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July 28th, 2011 at 1:59 pm
State announces final on-farm energy awards totaling $773000
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August 8th, 2011 at 8:42 pm
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August 13th, 2011 at 12:31 am
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September 1st, 2011 at 12:59 am
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September 2nd, 2011 at 10:49 pm
I have patellofemoral syndrome which gives me kneecap pains. I don't have a problem extending my leg though, so it might be something else. See a sports therapist, and they'll figure out what it is and give you a list of exercises to help.
October 12th, 2011 at 9:46 am
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October 25th, 2011 at 1:48 pm
ty for sharing your Incredible progress, every year TBI improves greatly, so, never never ever give up!
December 5th, 2011 at 11:37 pm
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December 23rd, 2011 at 10:04 am
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