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[C.Ann]

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[DMRick]

All of these things depend on how good her lawyer is..and how much money (insurance and private) money the driver at fault has. It could take years, however, unless she "settles".

If she decides to go forward with a lawsuit, would she be able to get some kind of education grant so she could train for a different career? That is her biggest concern - what she will do for employment that will pay what she was currently earning.. And if she goes forward with a lawsuit, does the "future" medical costs as a result of these injuries remain open - or does that close upon settlement?

 

[allison443]

No-fault insurance benefits are paid by your daughter's own insurance company and covers her medical bills & lost wages, up to a limited amount. Like you said, this is for cases where the person is not seriously injured and is able to end treatment, return to work, basically back to normal.

If someone is seriously injured or permanently disabled as a result of an accident, one of the things they claim in a lawsuit is "loss of earnings" from current age to retirement age. They also make a claim for past medical expenses, as well as projected medical expenses for however many years remaining in their life expectancy. They also make a claim for "pain and suffering" from the time of the accident and into the future, for the average life expectancy. This "pain & suffering" is basically compensation for just that, above and beyond medical expenses, lost earnings, etc. People can also make a claim for other expenses they incur, such as hiring someone to do housework, yard work, or other things they could do themselves before the injury. Once the case ends with a pre-trial settlement or a verdict at trial, it is closed. Future costs should be included in the settlement or verdict.

Of course, all of the above has to be proven, medically documented, etc. Hopefully the other vehicle has a sufficient insurance policy.

Given the apparent seriousness of your daughter's injuries, she should check her own insurance policy for "uninsured or underinsured motorist coverage." This is coverage under her own policy which will kick in if the offending vehicle is uninsured or has an insurance policy which is not sufficient to compensate your daughter.

I hope this helps and I hope things work out for your family.

 

[C.Ann]

[........

 

[DMRick]

Once they hire the lawyer on a percent basis (unless they are paying him oop, but that would be expensive), I don't think he'll let them decide not to get pain and suffering, and still take their case, because that would affect his bottom line..and generally they go after what the law/insurance claims allows. Pain and suffering has to be a part of it, if they want the other, since it's the pain and suffering that is stopping her from doing her job. Even your son in law would be involved in this, for what it might "cost" him in her affections. There is a lot they do even before it all starts. I was shocked when I was the cause of an accident (although I wasn't found 100%..I was the third accident in that place in a month..so other fault was found), all they did to try and blame the other people..and if wasn't their fault at all. I felt very bad..but that's what they use to lower the amount. I had to go to a deposition, with the other people I hit there, and answer questions. Then they spoke. Finally it was settled, and they took what I was insured for, which was a mid six figure amount (hubby got $20,000), and that was with no lasting affects according to the deposition. But she did have pain, because she had had surgery just before I hit her. It settled in about 8 months...the court date was still far down the pike. They decided to settle because our insurance lawyer was somehow (against my wishes) trying to blame them, so they took a sure thing. She actually apologized to me when I saw her at another time, about a year later, but I understood that that's the way the system works. I was just glad I still owned my home at the end of it, because it truly was an accident, and if they had gotten what they asked for, we would have had zippo. Her husband told me at the scene, he witnessed many in that spot over the years (which cost him a little, because that was brought up at the deposition..somehow, that meant they should have been more careful at the intersection..I didn't like that desposition at all..the insurance lawyer was just doing his job, but it's not one I could do).

----- They're not even interested in "pain and suffering" and would be more than happy to settle out of court for just those things I have listed above.. Hopefully that can be accomplished so they can just get on with their lives once she has fully recovered..

 

[C.Ann]

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[DMRick]

They have to do, what they have to do. Hopefully the people are well insured, and so it will come from the insurance company. Sometimes people don't realize just how important that insurance money can be for someone else..they just think of keeping the price down. We tripled ours, after my accident. I learned, and wished it had been higher from the begining.
As far as watching where you are going..yup, paying attention is very important, a car can do a lot of damage, but I know first hand that sometimes they are just accidents. Doesn't sound like it in this case, and I hope all that your daughter's needs are covered.

 

[C.Ann]

[.....

 

[DMRick]

We always had what we thought was a large amount of car insurance, but with many lawsuits hitting a million dollars, we found out we needed even more. Yes, it is a responsibility, and I only wish I had that much before.

Is there any point on carrying more homeowners than your home is worth? Oh, you must mean the libility. We have what the insurance company said we should have..based on what has been awarded in the past.

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I have always carried a very high amount of auto insurance "just in case".. I'd much rather pay the higher premiums than suffer the consequences of not having enough.. I also do the same with my homeowners (for my place at the lake since I sold my home and this is considered my "home" now by my insurer) because I'd rather pay the higher amounts than deal with the fallout if someone were seriously injured (or worse) on my property..

 

[C.Ann]

..

 

[RadioFanatic]

about the work situation, have your DD check out VESID - they do training for new jobs - and she should talk to her insurance about paying for it - a lot times they do b/c they are happy the person wants to get a new job.

 

[C.Ann]

[..

 

[poohluvrs]

In our area, most PI attys take 1/3 of the settlement, also any medical bills that your DD accumulates that arent paid by other insurance, those must be paid out of settlement before she can take her check...most times you get a settlement, it seems rarely do PI attys go to court...

Just beware, in most cases, the atty is making their money off your daughters pain & suffering - i.e. her making 2 trips to a neurologist vs. her having to make 20 trips to a neurologist, which would make their case seem stronger...if your daughter needs the extra $ from what happened to her then she probably has no choice but to try to recoup her losses, just remember, any atty that thinks the case looks decent is likely going to say to do it, she should decide on her own 1st whether she wants to go through it, good luck, hope she gets better soon, though her PI atty may not feel the same

 

[RadioFanatic]

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What is VESID - and where would she find out about it? I see you live in our general area, so any info would be greatly appreciated!!

Here's the website:

http://www.vesid.nysed.gov/

It should give you all of the info you need - if not, pm me and I'll answer whatever you need.