My question involves an injury that occurred in the state of: Virginia
I am writing on behalf of my father who is 64 years old and severely diabetic.
My father was involved in a multi vehicle rear end collision. He was deemed not at fault but car was deemed a total loss where he was given compensation for it roughly around 5,000 dollars from his insurance company. Furthermore, it was a typical whiplash injury that jolted him quite bad where he had to get months of PT, doctors appointments, MRI, CT scans etc. The end result was that surgery was indicated at two spots, I believe they want to do a spinal surgery type procedure. Its caused his discs to compress on certain nerves which cause pain on the left side. After months of back and forth, to the doctors, where I have been literally driving him everywhere since he is a bit afraid to drive, the end conclusion is that, since we did not want to proceed with the surgery right now, I feel the lawyer we have may not have represented the severity of the case to the insurers. One of the reasons why we want to delay surgery is, my younger brother recently had open heart surgery, he nearly died and we only recently just got back to some level of normalcy in that hes stable and much better now. We sort of want to hold of on this and do this later if need be. Also, he is severely diabetic. Our primary care doctor is worried that because the spinal surgery is a big deal, it will cause more harm in the long run than what its intended purpose is which is potentially to help him. The healing will take long and it will lead to some permanent deficits. As it stands now, he has a bit of pain does eventually want to get it taken care of. He is still working although he is considering taking early retirement because when he works for long durations it causes him pain. He also has a fear of driving. He cannot simply drive at night, and I often find him making excuses not to drive alone.
The lawyer he originally had, told us they would make a $3 million ask (which ofcourse was quite stupid, even I know thats too big a number), the pain and suffering multiplier they wanted to use would be a 4 and go from there (they used a multiplier of 2).
Annoyingly they gave the case to one of their junior lawyers, who called us and said, this would settle for about $30K, after all medical bills, and fees, leaving him with about $10K. Furthermore, the lawyer is going after my father's insurance company to recoup the cost of medical bills and not the person who hit him. I tried to mitigate a office visit to sit down and understand this, and they didnt seem to want to entertain the idea. They kept saying we can talk on the phone, its almost as if they want to just brush us aside.
I am worried that this will be a long term thing, especially considering with his diabetic status and the potential of having neuropathy.
I am considering rejecting this offer and going to trial and help the lawyers help him more by showing the gravity of the situation in terms of how his health has been and will be affected, surgery or not.
He cries often and is simply scared to get into his car.
I would appreciate some direction on this matter and even thinking we are being short changed a bit in terms of the quality of defense to present our case to the adjuster.
Thank you for reading. Any thoughts and advice will be greatly appreciated. God Bless.