[Temperacerguy]

Thank you for taking the time to read my question:

I am wondering, what I should consider for a settlement in my accident, the other party was at fault, and my current bills are just under the limits of liabilty with the possibility of future surgery costing nearly $30,000. Here are the details

In October of 2005 I was involved in a motorcycle accident. I was riding down a residential neighborhood at the speedlimit, and a car turned left in front of me. I was taken to the hospital with a severely broken arm, back pain, broken collar bone and so on. I spent 3 days in the Trauma ward and had surgery on my arm to install a plate, and screws.

I spent the next 6 months going through physical therapy to regain use of my arm again. I have had a nearly full recovery, with approximately 70% use in my wrist regained Thankfully I was wearing full leathers and a helmet, so my injuries were as minimal as possible.

In the police report, they sited the other driver as 100% responsible, due to inattention to the roadway, and sited her for failure to yield to oncoming traffic.

My Doctor says I currently am "as good as I can get" and my medical bills have totaled nearly $44,000. However the Doctor says that the plate may have to come out of my arm in the distant future if it causes issues with my wrist that have not surfaced yet. (the plate is just above the wrist of my left arm, I am right handed). I have pain in that arm anytime I ride a motorcycle for over an hour, or if I exert force on the arm above typical usage, and the Doctor says that this will probably not go away, and that I will almost positively develop premature arthritis, the good news he says is "your arm will be a better rain forcaster than the weatherchannel" ha ha ha.

Time off work totaled just over $4000, and I consider myself lucky to only have suffered as much as I did.

Here's the rub. Arizona (which is where this happens) has limits of liability at $50,000 per person, $100 per accident, and the other driver only had the minimums. I have been told that this person owns a home, and has equity in the home greater than $150,000.

I have looked at my bills, and the surgery and physical therapy following the surgery cost approximately $30,000. So, if I have to have this plate removed, I am looking at future expenses around $30,000, not to mention the time off work.

What am I looking at as far as a settlement? (considering my losses are around $47,000 so far and MAYBE will have to have future surgery on my arm?) What legal stance do I have for going after the equity in the home? The other parties insurance was notified immediately after the accident, and they have said "The best we can do is $50,000", of course I did not accept this, and I have not signed anything.

Again, thank you for your time in reading this question.

[excon]

Hello Temper:

Seems pretty simple to me. Right now, you can take the $50K and pay your doctor and the hospital. They'll be pleased as punch and you'll have $3K for your pocket. Have dinner at Flemmings in Scottsdale, and that'll be gone...

And yes, the insurer is only going to offer the limits of their policy...

So, it's $50K NOW, or maybe a lot more later...

I think you're entitled to a lot of "pain and suffering", plus you have potential future medical bills. You'll need a lawyer. He's going to take 25% - 33%, and there's no guarantees you'll get anything - even the $50K.

But, if it were me, I'd sue...

excon

[Temperacerguy]

Thank you for you response. Let me revise my question a little bit then.

If/when I sue this individual, what should I be asking for "pain and suffering"? Also, can the courts force this person to liquidate assets in order to pay the damages?

[excon]

Hello again:

There is a formula that the courts have deemed acceptable, but I don't know what it is. It's a multiple or percentage of the medical bills. The lawyer you're going to hire will know, though, so that's not a real big issue.

The courts do one thing. They find people guilty, or not. That's all. Nothing in between. They award judgments. They don't collect on them. IF you get a judgment, you'll get the $50K from the insurance company, but after you pay your attorney and the doctors, you'll have nothing.

You're on your own as far as collecting the rest. You can garnish wages, attach bank accounts, and place liens on real property, but you cannot force the sale of anything. If you have a lien on their house, they'll have to pay you off when they sell it.

However, people who have $150K in equity probably have other assets as well. I don't know who told you what about them, but I'd want to KNOW what their financial status was before I made a decision like this.

Does Arizona have an uninsured motorist requirement? You may fall under some coverage other than what you know about. Have you spoken with their insurance company? Have you consulted an attorney at all in this matter? If you haven't, I think you should.

excon

[sideoutshu]

Thank you for you response. Let me revise my question a little bit then.

If/when I sue this individual, what should I be asking for "pain and suffering"? also, can the courts force this person to liquidate assets in order to pay the damages?

You need to get an attorney. Did you not have any health insurance to pay the medical bills? It is possible to go after the other party's personal assets however you aren't going to force a sale of their home. I would suggest speaking with an attorney and asking what he can do for you.

An attorney could likely talk to the medical providers and negotiate a reduction in the medical bills. (at least 1/3)