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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8953
Experience:  Just Answer consultant at Self employed
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I have a question about an accident where an older lady in

Customer Question

I have a question about an accident where an older lady in her late eighties ran into my car while I was parked at a bank window. She stated she put the car in park but really put on the gas. I have a torn left rotator cup from this incident that happened in September of 2015. I have been under the doctors care since then and the doctor wants me to have my shoulder operated on. I don't want to have the operation but I would like to have ongoing care such as cortisone shots and therapy. How should I move forward?
JA: What state are you in? It matters because laws vary by location.
Customer: Georgia
JA: Has anything been filed or reported?
Customer: I have contacted the insurance company and they want to settle for around $4000. I have not secured an attorney.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is the main information.
Submitted: 3 months ago.
Category: Legal
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

I am sorry to hear of this;

first, the statute of limitations for personal injury is 2 years:

Code 9-3-33
Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.

So if a settlement is not reached a complaint must be filed and served by then or it is forever barred. Sometimes defendants will drag their feet in the negotiations process, hoping the plaintiff is not aware of the timeline, and then reject the claim after the time period is up.

It is best to have a medical doctor provide an analysis of lifetime cost; presumably the issue will only be able to be delayed; so that eventually surgery will be necessary. As such, one would want a professional estimate as to what life time treatment will cost i.e. ongoing care, and then surgery if necessary. Then the idea would be to make sure the settlement satisfies this amount. The plaintiff can also sue for pain and suffering but that depends on the discretion of the individual judge.

So generally for personal injury it is best to hire an attorney-they usually work on contingency, meaning they only get paid if their client is successful. They will be able to do a jury verdict search to determine the fair settlement value for the injuries, based on the particular locale in which one is located (jury verdicts vary by location, judge, etc)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.