Visitor Question

Hit Head On By Girl Who Was Texting While Driving…

Submitted By: Maryjane (Eden, GA)

On June 22, 2011 I was driving and was hit head on at 55 mph by a young girl who was texting on her phone while driving. I have neck and lower back injuries from the accident. I’ve had MRI’s and have been going to physical therapy for 4 months. The doctor now says I need 2 surgeries on my neck and on my lower back.

My lawyer is being very slow to settle my case and I feel is misleading me. Why does he seem to be dragging his feet?

Also, I’d like to know if I personally receive the cost of my surgery in my settlement, and do I get to choose my own surgeon? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Maryjane,

It is inappropriate for me to comment on an existing attorney-client relationship, especially as your attorney has complete access to the facts, the law, and the supporting evidence in your case.

Lawsuits can take many months and in some cases, years to be settled or tried in court.

Personal injury attorneys are used to extended waiting periods. You must understand your attorney doesn’t get paid until such time as he either settles or wins your case in trial.

In the meantime he is working on your case, and probably many more. All his work is figuratively for free. Like your case, he isn’t getting paid on the other cases he is working on. You should know, when clients pester their attorneys consistently to settle their cases, there is the likelihood their attorneys will, in an effort to satisfy their clients, settle their case for less than it is really worth.

No one is accusing you of being a pest. With that said you are not a personal injury attorney and it is understandable you are frustrated with the waiting period. Being injured in an accident is bad enough. Then comes the treatment and therapy, and the doctors bills pile up.

You certainly can choose your own surgeon. When your case is settled the settlement check will most probably be made payable to you and to your attorney, or, in some cases, just to your attorney.

If your attorney entered into Letters of Protection, or “LOPs” with some of your medical providers, they will be paid first as well. Once he compiles the rest of the deductions for the case and his fee, you will in all likelihood be given a check for the remaining amount.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 23, 2012

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