How AI Legalese Decoder Can Help Navigate Mother’s Car Accident Case Involving Big Corporate Delivery Trucks in Virginia
- April 10, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation Overview
My mother, who is in her 50s, was involved in a car accident where a big box delivery truck crashed into her and pushed her into the back of another truck from the same company. The driver of the rear most box truck was deemed at fault by the cop at the scene and the insurance company. My mother had a history of back and neck surgeries but had been stable for around 5 years prior to the incident. She underwent a surgery to fuse/plate and cage her neck bones six months before the accident.
### Medical Insurance Coverage
Currently, her medical insurance is stating that they will cover the expenses and be reimbursed through her court settlement without surrogating money from the truck/delivery company. Additionally, my mother has been informed that she cannot sue for future health impacts due to her past health issues that had stabilized 5+ years ago.
### Seeking Legal Advice
As her current lawyer is unresponsive and has indicated that after medical bills and lawyer fees, my mother may end up with no compensation in the best case scenario, I am unsure whether she should seek a second opinion or settle. It is crucial to determine the most suitable course of action for her in this situation.
### How AI Legalese Decoder Can Help
AI Legalese Decoder can assist in analyzing the legal jargon and complexities of the case to provide a clearer understanding of your mother’s rights and options. By utilizing this tool, you can receive expert insights and guidance on the best steps to take moving forward in the legal process.
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## Current Situation:
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NAL. Many personal injury attorneys will give a consult for free. Your mother should not settle without at least consulting one – or more – PI attorneys. The attorney can decide to have your mother’s doctors provide statements about her stability, etc. prior to the accident if they deem it appropriate. I’m sorry for her new suffering and hope she recovers quickly.
I am an attorney, not yours. What do you mean by update surgery six months before and now medical insurance wants to be reimbursed through settlement?
1) If she had surgery 6 months before accident, she was still treating and was not stable for five years. Not sure why any part of settlement would go to this surgery.
2) Not sure where you are located, but most PI attorneys charge 30 to 40% plus expenses which includes things such as expert witnesses, depositions, filing fees, etc.
3) When a plaintiff already has an injury and is treating when an accident occurs, it takes a lot of medical testimony to establish to what extent the accident worsened the condition. Substantial awards would likely only be awarded after spending substantial sums on expert testimony if that evidence can be convincingly produced. The attorney’s fees, witness fees, costs, etc would cut deeply into any award even if higher than settlement because the costs to get it would be so high.
4) Each state has its own laws, but in mine, I personally have not had an insurance company subrogate to an accident settlement. I have had a medical provider attempt to do that because they could charge their published fee and not their insurance rate. The exception is workers comp. Most personal insurance companies will not pay for injuries sustained on the job and will subrogate, so will providers because most plaintiffs settle.
5) If your mother has not signed a contract with the first attorney, by all means shop around, otherwise she is stuck unless released.
6) A way to structure a settlement that recognizes the preexisting conditions is to settle for pain and suffering for just that wreck. The attorney’s fees could be taken out of that.
Your mother does not have to settle. She can mediate. Without good evidence, she is going to get lowballed.
NAL. Most personal injury attorneys work on contingency. Mine took 20% of the cash settlement (cash that was above my medical bills, those were paid in full).
That being said, usually there is something in civil law where you get your injured party as is. Think about the old woman who was burned at McDonalds. (And yes, they were negligent, the machine malfunctioned and the coffee was way hotter than it was supposed toto be). Her injury was severe because she was old. That didn’t mean that they only paid her what they would have paid a younger person who might have only suffered lesser burns. It doesn’t matter that she’s had issues in the past, if the accident has caused further issues, that will be apparent on scans and the doctors can testify to it.
It isn’t clear…does she have a personal injury lawyer?
>She was also told she cant sue for her health impact in the future due to a history or health issues that had stablized 5+ years ago.
Who told her this?
If she doesn’t have a personal injury lawyer, she needs to get one.
Yes I would contact an attorney and seek advice as your mother may have future problems with her spine. Sometimes is takes a while for things to settle before you know more pain.