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RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 13478
Experience:  Experienced in multiple areas of the law.
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I was in a car wreck on 9/19/15 the guy hit me from behind

Customer Question

I was in a car wreck on 9/19/15 the guy hit me from behind while he was texting i have had to have spine surgery, had a mental break down and lost my job the guy has nothing but 30,000 in insurance coverage
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: Yes he said that I have well over 125,000.00 in medical cost. and he is trying to get that reduced he did a back ground check and the guy has nothing
JA: What advice did they give you?
Customer: He is trying to get the medical bills lowered but what about all that I have lost. I lost a job, still have back pain and panic attacks
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer.

I'm very sorry to hear about your bad accident. But I'm not quite sure what you're asking - are you asking what recourse you have against the driver? What is your specific question?

Customer: replied 11 months ago.
Is there anything that I can recover from him since my medical is high and the attorney will get his part I am looking at maybe 5,000 my job was worth more than that
Expert:  RobertJDFL replied 11 months ago.

Thank you for your reply.

You would have to file a civil suit against him to recover anything beyond his insurance for things like additional medical expenses, lost wages, pain and suffering, etc. I'm sure that is what the lawyer you spoke with was thinking which is why they did an asset search. The problem is that -- as the lawyer found out --he has no assets. So you may be able to get a judgment, but if the person has nothing, you may never get anything. You can attempt to garnish wages, go after whatever is in the bank account, etc. But it sounds like it would come in "drips and drabs" and you might spend more in time and money chasing after him to collect then what it is actually worth to you.

I realize that's not what you want to hear - and it't not what I want to tell you. But as they say, you can't get blood from a stone. You can't get something from someone who has no assets to give you. It wouldn't be fair to you for me to lie to you and tell you otherwise.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

If you need clarification
about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Customer: replied 11 months ago.
Thank you
Expert:  RobertJDFL replied 11 months ago.

You're welcome. I'm sorry the news couldn't be more positive. If you are going to be out of work for at least 12 months, you may want to look into filing for Social Security Disability (SSDI). It takes awhile to get approved, so the earlier you start the better off you might be.

Kindly remember to leave a positive rating by clicking on the stars so I am credited for my time tonight. Thank you!

Expert:  RobertJDFL replied 11 months ago.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

If you need clarification
about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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