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deadbeat · Dec 3, 2006, 07:14 AM

When my daughter was 8 we were involved in a major car accident where a car crossed the median and hit our vehicle head on at high speed. It was a cut and dry case as to it being her fault. 2 of my 4 kids were severely injured. My daughter is now 23. Her arm had tremendous soft tissue damage and is quite ugly. She had extensive medical treatment and surgeries and rehab at the time. Now she would live to revisit what further plastic surgery could be done for her disfigurement. Could we get the lady's insurance to pay for these medical costs? There would be no question that they were caused by the accident.

Thanks.

Fr_Chuck · Dec 3, 2006, 09:01 AM

What was the status of the case, did it stay open, was the case settled, was there money that was put into trust for this type of treatment?

I would guess and it is just a guess, that you settled in full with them for some level of payments since that is what most insurance companies try to do. Also does your daughter have personal health insurance ?

So actually the only one that really knows this is you, since you acting as her parent would have worked out the settlement with the insurance company back then.

excon · Dec 22, 2006, 06:11 AM

Hello dead:

I think the Padre is dead on (pardon the pun). The case against the insurance company is dead (there I go again).

Although it's a long shot, you may have a malpractice case against your old attorney. The settlement you received was for past and FUTURE medical bills. Of course, nobody can predict the future with precision. But, future medical bills of your daughters kind WERE predictable. If your lawyer was off, he might be liable.

In any case, it won't cost you any money to speak with lawyers who specialize in legal malpractice. I'll bet you can find several in your yellow pages. A couple hours on the phone will reveal lots of good stuff.

excon

PS> (edited) After I thought about this some, there should have been $$ millions in pain and suffering paid... millions... I'm thinking your case against your old lawyer is getting stronger and stronger.

You did have a lawyer, didn't you??

deadbeat · Dec 22, 2006, 06:44 AM

Hi Exxon. Thanks for responding. Yes, I had a lawyer. The trouble was that this lady did not have a ton of insurance. I am not the type of person who is going to go after her home. She was not a person of wealth.

Money awarded in these types of settlements that the kids get their paws on at age 21 are a curse anyway. My daughter blew 90,000 with her friends in 1.5 years and she has nothing to show for it... not even the friends.

Peace

ScottGem · Dec 22, 2006, 07:13 AM

That answers your question. You settled with the insurance company. You signed an agreement with them. That agreement probably specified that it absolved the insurance company of future claims. You need to read the agreement. But the likelihood of getting any more money from the insurance company or even the driver (the agreement would probably have covered the driver to) is slim to none.