Herniated Disc from Motor Vehicle Accident...
(San Antonio, Texas )
I sustained a herniated disc and bulging disc from a motor vehicle accident. We were hit from behind at 45-50 mph by an elderly man who passed out at the wheel. I currently have an attorney's office that called me after the accident but I've never met the attorney.
The accident occurred in October 2010. The attorney's office called me yesterday saying that they will probably only be able to get me $2,000 since I didn't get epidural cervical injections nor surgery for my injuries.
I'm miserable, I have a lot of pain and discomfort, and I can't workout anymore. I have a 7 year old who has a lot of medical issues and I could not risk anything happening to me right now. I also have a condition that lowers my blood pressure and I pass out, so those injections are not safe for me.
My question is, just because I did not have those injections or surgery does that mean I'm unable to get more than $2,000? Thank you.
Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always
get a formal case review
from a licensed attorney in your area.
ANSWER for "Herniated Disc from Motor Vehicle Accident...":
Gesenia (San Antonio, Texas):
It is our policy not to intervene in the attorney-client relationship. Doing so is legally inappropriate.
Personal injury settlements are based primarily upon the medical bills incurred as a result of the injuries sustained.
Although personal injury settlements can be subjective and not based on any standard calculation, insurance companies will almost always decline to pay any substantial amounts without medical documentation and resultant medical bills.
Normally personal injury settlements include compensation for medical bills, out of pocket expenses, lost wages, and pain and suffering. The problem though is the process must be built on a foundation of medical documentation and costs.
In cases like these the best course of action is almost always to make an office appointment with your attorney – not the paralegal, but the attorney.
The attorney is paid a percentage of the total recovery. She isn’t paid unless you’re paid. That in itself is strong incentive for her to fight for the highest settlement possible.
You certainly have a right to at least that much. Have the attorney go over every aspect of the case. If after reviewing the case you are not satisfied, you have the right to dismiss her as your attorney and retain new counsel.
Best of luck,