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TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
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if your seriously injuried in car accident and it is not fault

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if your seriously injuried in car accident and it is not fault of yours but the coverage is limit is 25,000 can you push for a lawsuit to get for for your pain and suffering in state of alabama

My name is XXXXX XXXXX I will be assisting you with your legal question.

Where the person which insured you has an insurance policy which is limited to $25,000, this means that the person will be responsible personally for any amount over $25,000 which you receive in a judgment. However, it also means that it is almost impossible to obtain a settlement over $25,000 in most cases. So, you are allowed to tell your lawyer that you are not willing to settle for policy limits and that you want to pursue the case through trial and try to get more than the policy limits.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

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Customer: replied 3 years ago.

thank you so much for your advice I was given advice from legal stand point I had to settle for 25,000 cause of limited coverage and I was very disturbed been told by orthopedic specialist which neronsurgeon neurongolist I know I cant spell sorry and he said I have to have surgery pinched nerve on right side causing me to lose feeling right arm

I would agree that this sort of case is worth much more than the $25,000 that is in the policy.

The question at this point becomes how much it will cost to pursue the case all the way through trial and how much money the Defendant driver actually has. In other words, if the Defendant driver does not have any assets which are subject to judgment, and it would be expensive to bring your case to trial (which it sounds like you will need expert testimony of your doctors at trial to explain your injury), then you may face a situation where your recovery is simply limited.

In other words, if your lawyer has to spend $10K in expert witness fees, this would come directly off the top of any recovery. So, if you win the lawsuit for say $50,0000.00, the insurance company will pay $25,000 of that. Off the top of the %25,000 comes the lawyers fees of 33 percent (or the percentage you agreed to when you hired him), this reduces the amount you have recovered immediately to $16,650, and then the $10,000 fees to your expert will be paid, and then you have to reimburse your own medical insurer out of that money.

As you see, this might in fact leave you with nothing after obtaining a judgment, and you would have to then be owed $25,000 from the Defendant himself. Your lawyer has the option to say that you have to handle the collection of the judgment yourself (as most attorney-client contracts state that they require the lawyer to only obtain a judgment and do not require the lawyer to pursue collection). At this point, it really becomes a matter of whether the Defendant has any actual money or assets that you could seize with the judgment. Collection could take years, if it happens at all.

That being said, you must carefully consider whether or not it is in your best interest to push for a trial and not settle for policy limits.

Please let me know if there is anything else I can do. And PLEASE remember to rate my answer positively! This is a very important part of the process here at JustAnswer and I need your positive ratings!

Customer: replied 3 years ago.

the lawyer I had mismissed me to day I have 3weeks before deadline I I also have sacroiliac joint dyfunction from were I was hit from behind my life his been severely damaged I no longer have quality of life as before I looking at to surgeries one my neck and the other on my hip pelvis I don't think it is fair because of insurance his limited coverage I am ruin for the rest of my life my right arm is severely weak losing use of it I doctor set me up for surgery but my insurance would not pay for surgery so doctor was working with lawyer to try to help me but my lawyer which I don't have anymore would not sign protective clause so my the doctor would not help me I am screwed it sounds like do you have any suggestions I still have damages on my car my son was injured my son was in car with me also he had whiplash had to have physical therapy and I have have medical bills from accident that even if I take 25000 I would not get it cause my medical bills have to be baid so I would not get but about 12000 if that really not fair do you have any suggestions I have to get my car fixed and my lawyer dismissed me I need to find another lawyer just to help me with my unpaid medical bill and my sons part and my car