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  1. #1

    Default Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    My question involves an injury that occurred in the state of: My injury occurred in the state of West Virginia. We were side swiped by a tractor trailer. We viciously hit 3 times causing a totaled vehicle and injuries to two of the 4 people in the car. My upper and lower back were injured and my daughters mid back was injured. I have a mild bulge in my thoracic and also in the lower part of my back. I did 3 months of physical therapy, trigger point injections, and nothing helped. The surgeon said at this point he wouldn't do surgery but favors me to continue conservative treatment and pain management with a neurologist. My daughter did physical therapy for 1 month because she had a sprain. Also, my daughter was diagnosed with PTSD from the accident and went to counseling for 2 months and is now on Zoloft for anxiety. My attorney said the insurance company MIGHT be willing to give $2,500 for my daughters problems (doesn't seem right to me) and maybe $12,000 to $15,000 for my back injuries even though they are permanent. I don't agree with this amount at all. I think the amount is to low. Any advice? Thanks!

  2. #2
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    I suggest you ground yourself a little more firmly in reality. There are thousands of people that are involved in semi truck accidents yearly, who suffer no long term mental issues. It sounds like you are trying to create a case for a major lawsuit. I suggest you get a lawyer specializing in these cases, if you do not like their offer.

  3. #3
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    Jun 2009
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    Don't forget that "your" lawyer is representing you today and tomorrow he will be representing the same insurance company that you are fighting with, and he will get more fees from the insurance companies (as a continuous client) than he will from you (a one time client)


    Don't forget that you will not have a jury trial unless you sue the insurance company for more than $150,000 and that amount will be determined by your doctors,
    (in other words it's not going to happen)
    But your lawyer does not have to tell you this, either!


    Good luck!

  4. #4
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    Let me go through my experiences with lawyers, both as the one sued, and the one suing.

    Had a customer slipped and fell in my shop. He came by, showed me photos of himself all black and blue, and want to know what I am going to do about it. I offered him $300 no questions asked, but when it became clear to me that he thought he hit the jackpot, 10's of thousands was more in his ball park, I told him to file a claim with my insurance.

    So he went out, interviewed over a dozen lawyers, everyone turned down the case but one. This is because no lawyer agreed with him what he wanted was the right amount except the one. I heard nothing for the next six months till he came back to ask me for my insurance company's number. So I asked "isn't your lawyer handling it"?? He said "yes, but he stopped taking my calls".

    So I called my insurance company to find out what's going on, and I was told the lawyer asked for a ridiculous amount, and was told "so sue us in court". But I was told both the insurance company this lawyer knew they can't collect on such a ridiculous amount, if any, and since it is clear the lawyer would be wasting his time going to court, he just stopped answering his client and was too chicken to tell the client the amount he thinks he's entitiled to is ridiculous.

    So my customer came back and asked if the $300.00 I offered is still good, but I told him it was only good the day I offered it.

    My wife's sister was ran over by a major oil company truck running a red light. The family interviewed two dozen lawyers and no one wanted the case on a contingency basis. The problem is not collection on the hundreds of thouasands, but to collect that, it would take years and years, because the oil company and their insurance company would fight it tooth and nail.

    Finally, a retired lawyer took the case. He took it because it didn't matter how many years it took, he doesn't have a law office, rent and staff to pay, as he retired. He just needed something to do in his spare time. We weren't in a hurry either, we didn't need the money, the sister is already dead, so it took almost 8 years, and he finally got $100,000 out of the insurance company. The lawyer was in his late 60's when he took the case, and during the time, we were afraid it was taking so long, he might be dead before the case is over.

    Based on my experience, if you want an amount that would take years and years for an attorney to collect on, and if this is on a contingency basis, find a lawyer looking for something to keep himself busy, not someone needing a case to pay the staff and rent, and if you don't mind waiting 8 or more years yourself. A lawyer could go bankrupt waiting around for the "right amount".

  5. #5
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    I did not want to put to much of a credibility issue into my previous post, because I did not want you to feel attacked. In regard to your injuries, you have not stated you have prior proof that you had no disk bulges. To be honest, many people have small disk bulges and as long as they are not pushing on nerves are considered inconsequential. I really believe you are experiencing pain. Though I am not a doctor, I have several decades experience with various types of back/spinal injuries. If you care to be very specific, I will try to enlighten you to things your doctor may not know or be telling you. This may help you coordinate your treatment.

  6. #6

    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    So out of curiosity and I am being sincere about this, you think $30,000 is enough for being hit by a semi, causing 2 protruding discs, $10,000 in medical bills, 3 months of physical therapy, 4 visits to a neurologist, 1 visit to a neurosurgeon, my back pain hindering my life to resume the way it was previously, a daughter who had to go to counseling for 2 months and was diagnosed with PTSD from the accident, 9 year old daughter now on Zoloft for anxiety and even while on Zoloft is still anxious and scared 5 out of the 7 days of the week? Im not being sarcastic, I honestly want to know. I am not asking anyone to put a definite number on this case, I was just curious what you all would guesstimate this case to be worth.

    Thanks for your replies, loved reading your feedback!

  7. #7
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    I think you both have injuries which are hard to prove. People suffer pain from accidents for their entire lives and get less than that. The reason is the same.

  8. #8
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    Mar 2012
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    Hi secretlyconcerned,
    I just read your post and think it is a shame that your lawyer won't work with you on this or give you any more information. Is he/she not willing to look at bills or listen to what you've gone through? I haven't been in an 18 wheeler accident myself, but can only imagine what you and the other passengers have gone through these last few months. A friend of mine was recently in an accident and found this info helpful: http://www.scribd.com/doc/85077387 I think they have a free quote and case analysis form on the website, too, so check that out.
    Best of luck!

  9. #9
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    Default Re: Injured in a Semi Accident, Attorney Isn't Demanding Enough Damages

    One other thing I wanted to mention. You should consider checking into a therapist trained in EMDR for your daughter. The results I have seen people experience are very promising.

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