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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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We were in an accident on Aug. 25th, 2008. It was technically

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We were in an accident on Aug. 25th, 2008. It was technically over three years since that date before I was to a point they did not believe I would recover more. In the accident I received a Traumatic Brain Injury, injuries requiring additional surgery to 3 of my limbs, (technically 4 but I didn't recover well from the last one so doctors now recommend I live with it.) I am now disabled for life. The woman that hit us was poor and had no insurance. We were in a Construction Zone stopped in traffic on a hiway when she hit us. We had to sell my business, I couldn't write or type, I had to teach myself again those skills, nor was I even a functioning adult until I was put on a medication called Adderall which has brought me to my current level. In addition to 4 other daily prescriptions and 1 other 'when needed' it brings our current financial output monthly to almost $1000.00 for prescriptions. The insurance company has never contested my claim, only what it does and doesn't include. They are also stating their medical is 58,000 - 10K PIP, so they as willing to go down to $38,000 ( I find this appalling, we were paying them over 700 per month for insurance at the time of the accident. It is Microsofts, insurance, Safco) NOW they are stating that they will not release our money unless we agree to my HUSBANDS Claim regarding the below issues are included with my policy max of $100K. Our insurance company says that my husbands claim Loss of consortium. Loss of society and companionship. Loss of enjoyment of life. Mental anguish, Lost earning capacity Anything that is related to myself that he doesn't have a receipt for is to be included in my settlement. (???) 1) reguarding my husbands claim: a) Is this standard practice for all insurance companies b) Can they pick and choose like this what they are and are not including in my settlement. c) Just because they say they won't pay on his having to deal with an incapacitated wife for 3+ years, do we just 'accept' what ever they say, can't we fight them on this?? They have never before brought it up, we found a 'new clause' in the settlement documents, our attorney did not bring it to our attention either. (I couldn't even be left alone, he had to work at home 3 days a week, and he hired a woman 2 days per week to stay with me, I couldn't count the number of times I ended up in the emergency room. Imagine the worst case scenario with your wife/loved one having a traumatic brain injury. That was our situation, at first they thought I'd had a stroke. ) Does this even sound like "standard practice" to you? Can they in fact, include 'partial' claim to my husband in MY settlement? Can you in fact recommend an extremely good Malpractice insurance as our attorney has never filed in a court of law any documents in regards XXXXX XXXXX accident (we just found this out) He never even filed against the woman that hit me OR ran her background check until this year.


Thank you for your question and I'm sorry to hear about your situation.

I would love to tell you that this is not standard practice in the insurance industry. Unfortunately, it is standard practice. Insurance companies are notorious for driving down the value of the claim. Nevertheless, your situation, you should refuse to settle for the offered amount. Your situation should include the complete payout of the policy limits for both you and your husband.

Your attorney's failure to press this claim and recommendation on the settlement is disappointing. While we cannot recommend lawyers in specific to handle malpractice claims on this website, I do encourage you to find a legal malpractice attorney for consultation. The statute of limitations on a personal injury claim is 3 years, and your attorney should likely have filed the suit to preserve your claim fully against the insurance company.

Further, your attorney cannot tell you that you HAVE to take a settlement, nor can he threaten to take you to court to force you to accept it. You should report this behavior to the Washington State Bar Association.

Please let me know if you need further information.

TexLaw and 3 other Personal Injury Law Specialists are ready to help you

Please let me know if you have any further questions. Remember to rate my answer positively so that I will receive payment for my work. When a customer rates an expert negatively, the website keeps the customers money and simply doesn't pay the expert. Accordingly, if you feel there is some information I did not provide your or if there is something that you believe I did not understand when I was answering your question, please let me know if there is anything I can do so that I have an opportunity to earn money from my work. I do this for a living, so the chance to help you is greatly appreciated.

Best Regards,
Customer: replied 4 years ago.

Thank you so very much for your help. I wish you were in or could practice in Washington State. I apologize for not rating this sooner. We were actually in a telephone conference again with the aforementioned attorney when I received your reply.


1.) our attorney Did Not File a claim with a court of law. Only with the company itself. and the three years is past.


I have got so upset over this, I can't talk, I am stuttering now.

Verbal Speech has been the hardest item to 'recover' Typing is much better think in a linear fashion. But I've never stuttered before in my life, and taught Comp Sci at a post secondary level. So it's not like I"m unused to speaking to strangers, or large groups of people.


lolol, stress is such an odd emotion.


We have contacted a few places, but due to the dates/non court claim filed, No One Will Take the Case. At least currently I've been turned down twice. Both from Firms which dealt specifically with Brain Injuries/Accident. I cannot believe this man was even on the MS "experts who give employee's discounts" paper. I know they aren't liable for that. But I feel them, or washington state someone should be. We finally got him to run a background check on her *this* year. (just three months ago) and it showed she'd had MANY tickets for driving without a license or insurance.


*If* the state requires insurance. Should not they be *required* to ensure or responsible for the drivers who do not have it? If it wasn't required by the state, then I could understand. But Since it is required by the state, I don't see why they are not partially liable anyway, especially in-light of her diving history.


It is also my position that 1.) we were paying for MY insurance, yes, through my husbands work, but still MY portion we paid for. Over 700.00 per month. I even had death and dismemberment, unfortunately not disability.


In addition to the 38,000 they are claiming in Erisa monies, We had a 5K Per Year Pre Tax Account, which they had billed for my teeth just 6 months before the accident. Durring the time my claim was in subrogation and we never even saw a bill for it, there was never a claim filed for our 5K per year. I had one surgery per year, for three years. In addition to the treatment for the brain injury.

Wouldn't they need to credit us at the very least for the 5K per year for three years. I don't know WHY they didn't bill it. They had with my teeth. I think it was a clerical mistake, someone just didn't followup as well as they should have. But that's not our fault. Is it reasonable from this standpoint to request that deduction. (our attorney won't even present it.)


And because they came down 8,000 on the EIRSA already they had to get "Microsofts approval" to come down that much.

Well, if they had to do that, doesn't that bring Microsoft into play a little bit here? ( that's who my husband worked for)


Microsoft NEVER disclosed to us about this clause in our Medical Insurance, even though Dmitri went to several training sessions about the insurance itself, where they went over the different policy options and which was ultimately better coverage. But NEVER did they mention this issue. Had they done that I would have had additional insurance. It's why I had 3 times the average for uninsured motorist, because I got hit in Alaska one time by a driver with no insurance, well, he did have insurance, but 1 of the VIN digits was off, so the insurance wouldn't cover it, and m insurance had to pick up on it, and I had minimal coverage and high deduction. Never again. I've always carried More than the requirement.


I checked the Washington State Bar, and our attorney does carry insurance, for what amounts who knows.


I don't know if I should have put these additional questions into this area or not, I am new to this system. please feel free to contact me . Can you do that? I've left you my blog address anyway :)

Technically, its one question per session and you should submit these other questions separately. But since your new the system I'll answer these all here.

1. Is the State liable at all?

I'm afraid that the State is not liable in this situation. Generally, states are never liable because of the doctrine of sovereign immunity. When a state grants the right to be sued, it is only in limited circumstances and this situation is not one of those circumstances.

2. Credit on other monies

This really shouldn't even be an issue because the value of your claim alone far exceeds the policy limits on your insurance. They should pay out the policy limits in full.

3. Is Microsoft liable at all

It's unclear whether there should be any potential liability on Microsoft. In addition to the malpractice claim against the attorney, you probably have claims for bad faith against the insurance company. You should try to find a lawyer who specializes in insurance law to analyze your case in more detail and try to make a claim. Additionally, you should try to find a malpractice attorney to handle the case against your current lawyer for failing to file the suit before the statute of limitations.

We are not allowed to contact you outside of this forum unfortunately. I want to encourage you to keep looking for attorneys. I'm sure you will be able to find one eventually who will help you.

Best of Luck,
TexLaw and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for all your help and encouragement. It is greatly appreciated.