Visitor Question

Rear End 18 Wheeler Wreck…

Submitted By: Sandy (Florida)

My husband was stopped at a red light less than 1 mile from home on his way to work. An 18 wheeler truck rear ended him while he was stopped. There was damage to our vehicle and my husband was seen at the closest hospital to our home. This accident was 2 years ago and he has since undergone surgery to his back. He ended up having post-operative complications with no improvement in pain.

Our lives have been ruined by this accident with enormous medical bills and loss of income due to my husband’s chronic pain. We’ve been told by our lawyer that we needed to contact the hospital and try to make payment arrangements.

I was told that our attorney should be going after the trucker’s insurance company to get these mounting bills paid so it does not ruin our credit. Is that correct? My husband has been told that he will require more surgeries and rehab in the future.

The case is still ongoing and we need some information to know if our attorney is looking out for us or if we need to consult with others who can get us a fair settlement. What do you think?

We have a meeting with our lawyer next week and we need an idea of what he should be doing with regards to this case.

My husband is only 44 years old and is depressed, listless, unable to swim, bike, make love, etc. We were just married 5 years ago. He is in constant pain and has seen every doctor, specialist, physical therapist possible, including the operating surgeon who stated my husband may need another back surgery to resolve his problems.

I just need some direction with regard to the hospitals and others sending us bills and how this needs to be handled. I have contacted everyone involved and got LOP’s (letters of protection), but there are other hospitals that will not accept them and we do not have the money to pay at this time.

What do you think our case is worth? Thanks for any help.

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.

Answer

Dear Sandy,

Sandy:

You mentioned you had been told your husband’s Attorney should be “going after the trucker’s insurance company.” It’s difficult for us to understand exactly what you mean. We can only presume if your husband has had an Attorney for some time now the Attorney would have either entered into negotiations with the at-fault driver’s insurance company or filed suit.

Just because an Attorney hasn’t filed suit in a personal injury case doesn’t necessarily mean he is not properly representing his client.

We would suggest when you sit down with your husband’s Attorney you ask her the reason she has not yet filed suit. She may have a very good reason. You won’t know unless you ask.

Regarding the LOPs (Letters of Protection), sadly it is true there are medical providers who refuse to accept them. It is a terrible commentary on the justice system when through no fault of a victim their credit becomes adversely affected.

Hang in there. Ask your Attorney the same questions you are asking us. If you are not comfortable with her answers, you have an absolute right to dismiss her and retain a new Attorney. Be mindful though because your husband signed a Contract when he first hired his Attorney that the Attorney, if dismissed, will retain a right, or a “lien,” on any settlement proceeds.

Best of luck,

Law Guy

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: June 19, 2011

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