W/C attorneys advice after my motorcycle wreck. ??'s-long post

[KevNole]

Long post-sorry

Some read about my wreck prior, here are the basics. I was hit from behind at about 50MPH,(March 24th) as a kid w. good USAA insurance came around the car that was behind me, back into my lane-aka , into me and my bike. Clocked me for a tumble of over 250', bike a total of 315'. He was charged 100% at fault. I took one hell of a tumble-ride. Went to ER via ambulance etc.

Bike totaled, that property damage part already settled,

Amazingly my injuries were basically a ton of severe road rash. 2 small (sesamoid) bones in my foot broken. Then I had soreness of course all over my body for a few weeks. Then mainly some ligament and tendon issues w/ shoulder.& leg (just slow healing for shoulder). My entire right leg and r/ foot started swelling up pretty big. Off and on, all up and down my leg. After original X-rays day of wreck, notta shown, then more CAT scan, ultra sound-notta.. Finally weeks later a nice size blood clot was found in the area behind my knee or just above it. aka DVT. So after blood thinner (Zarelto) for weeks the swelling is mostly down. After much use of any kind the leg swells a bit, the right foot a lot. (blood backs up from clot etc)

I am going back to work finally, (Dr. released to try it) Monday the 13th. I run a Frito Lay Rt. avg 55-60 hours a week on my job-feet etc.In and out of our large van w/ loaded cart (like a big older bread truck). Tons of walking, on my feet, squatting, stretching above my head to higher shelves etc

The kids USAA agent says they will pay all related medical bills -my pay (getting short term from work at 66% pay that way. So I guess they will pay the other 33% or however that works. Then they say plus pain and suffering-I have no clue how much that will be.

It has not been my interest to get an attorney and rake USAA or the kids family for excessive $. But my concern is that if I agree to USAA settlement once all is turned in, is there a way to get a clause that states if I am not able to maintain my job after I go back, due to issues from wreck, can I go back and get more money if I have to quit/change jobs/pay scale etc shortly down the road?

If I go back to work and all seems fine for weeks, months etc, I have no interest in going after more money. But I do not wish to sign off on X# dollars, then later be out of my job due to haunting or reoccurring injuries.

I have talked with a attorney, did not sign on with him yet if at all. We hadn't planned on getting an attorney to just rake them money wise.

Can I get a clause w/ USAA stating if more occurs from wreck later, get reimbursed for that as well as original settlement or go full bore attorney before agreeing to USSA's proposed settlement? I am assuming most attorneys will say, yes get an attorney, but I mainly wish to know my options, possible outcomes etc.
thoughts, ideas, questions. If you need more details ask, I will answer here or via e-mail phone etc.

Thanks in advance, Kevin

 

[bryanscho]

USAA will push for a release. Of all the companies though, that's probably the best one to have pay your claim from a reputation standpoint in the industry. They are only responsible for paying up to the limits of the policy. Once those are exhausted, you can hope the kid or his parents(if he lives with them or they own the vehicle) have an umbrella policy. Hopefully you have a long term disability policy through work or personally.

 

[KevNole]

I have both short & long term ins at work. I have yet to (must be in writing I was told by usaa) to know their policy info. Their side told me it was a plenty-full amount of coverage and far from basic. I may still inquire. I assumed that USAA would want it closed-agreed to. I have progressive for my bike, I too, have USAA on our vehicles. USAA doesn't insure bikes.

 

[semifan1]

USAA will want the release before they issue any more money. Just got done dealing with them on a issue where another person with USAA totaled my truck. I had to sign the release from USAA first, but it said I could still go after the person for other damages, but not USAA.

 

[cmanole]

You will come out on the short end of the stick unless you get an attorney to fight for you on this. No way do they allow you to leave this thing open ended like that. An attorney can likely get it done.

As for your injuries, you're likely to have lifelong pain issues or worse associated with them. Don't be a nice guy. Get every last nickel you can squeeze out of those bloodthirsty insurance companies. Maybe not a week or a month or even a year after you settle but eventually you will wish you had gotten more out of it than you did...

 

[Bud Fox]

You will come out on the short end of the stick unless you get an attorney to fight for you on this. No way do they allow you to leave this thing open ended like that. An attorney can likely get it done.

As for your injuries, you're likely to have lifelong pain issues or worse associated with them. Don't be a nice guy. Get every last nickel you can squeeze out of those bloodthirsty insurance companies. Maybe not a week or a month or even a year after you settle but eventually you will wish you had gotten more out of it than you did...

You need an attorney, and a good one. Being a "nice guy" is important, but in your case, it will come back and bite you. Call Les McFatter, FSU grad and partner at Perry & Young in PCB, he is fantastic, and worst case, will give you a realistic outlook.

Good luck, your injuries sound awful.

 

[bryanscho]

You will come out on the short end of the stick unless you get an attorney to fight for you on this. No way do they allow you to leave this thing open ended like that. An attorney can likely get it done.

As for your injuries, you're likely to have lifelong pain issues or worse associated with them. Don't be a nice guy. Get every last nickel you can squeeze out of those bloodthirsty insurance companies. Maybe not a week or a month or even a year after you settle but eventually you will wish you had gotten more out of it than you did...

Bloodthirsty? Highly doubtful, especially when they've been ranked number 1 for claims and customer service for many years in a row. You can only get policy limits from an auto policy so thats the best you can hope for from an insurance company. And the OP has USAA for his autos too so I doubt they are out for blood. That being said, speaking with an attorney when disability is potentially on the table is a good idea.

 

[RPMNole]

Bloodthirsty? Highly doubtful, especially when they've been ranked number 1 for claims and customer service for many years in a row. You can only get policy limits from an auto policy so thats the best you can hope for from an insurance company. And the OP has USAA for his autos too so I doubt they are out for blood. That being said, speaking with an attorney when disability is potentially on the table is a good idea.

I've had USAA for 30 years but they are not the USAA of old. I had an accident where the person who caused the accident was also a USAA member and that we were both covered by them worked against me. They were all about minimizing their cost.

Get an attorney and get the best deal for you. It doesn't make you a bad guy.

 

[MarkFSU]

Advice from a civil defense lawyer . . . get a lawyer. USAA does have a good reputation, but you want to make sure you are compensated fairly. The claims adjuster, any claims adjuster, is working to reserve and pay as little indemnity as possible. That is how they are judged. IF you need additional medical care you want to have that saved up, so I wouldn't settle this early unless you know you wont need any more medical care. Now the flip side to that coin is that a shady plaintiff's lawyer may encourage you to have unnecessary medical care or treatment just to run up medical expenses. Just ask around for a good one - generally (but not necessarily) ones that don't advertise and just get referrals are less likely to be the types I just described. You have 4 years from your accident to file a lawsuit if you cannot get a fair settlement. Good luck!

 

[KevNole]

Thank you all, I will talk with my better half some more about this!

 

[JohnnieHolmesNole]

This ain't even close: you need a lawyer. USAA and everyone else involved in this incident will screw you if they can. You have to take care of yourself, even if that means filing a lawsuit.

 

[Fijimn]

What are the kids' limits? Legal minimum in most states is 25k. Even if he has 100k, make a demand for the limits and confirmation the insured does not have a umbrella policy.

 

[cmanole]

Bloodthirsty? Highly doubtful, especially when they've been ranked number 1 for claims and customer service for many years in a row. You can only get policy limits from an auto policy so thats the best you can hope for from an insurance company. And the OP has USAA for his autos too so I doubt they are out for blood. That being said, speaking with an attorney when disability is potentially on the table is a good idea.

I have USAA for home and auto. While a good company they won't pay me, you or anybody else one nickel more than they have to. If I was OP I'd go for the throat...

 

[bryanscho]

I have USAA for home and auto. While a good company they won't pay me, you or anybody else one nickel more than they have to. If I was OP I'd go for the throat...

Why in the world should they pay more than they have to? Its that mindset that makes insurance rates so high. They should only have to pay what they are legally required to pay and not a penny more or less. For every bad claim settlement (and there are plenty) is one ridden with fraud from a consumer. Its an industry where people take advantage of it on all sides unfortunately.

 

[LesClaypool]

Hopefully you've given up motorcycles since this accident?

 

[KevNole]

Hopefully you've given up motorcycles since this accident?

No, I've been riding since I was 7 or 8. A few close calls with humans and deer etc. One of my most favorite past times is to enjoy a motorcycle ride. I rarely go through busy town traffic, but I had to that day. I am usually the one looking at the others near me. But he came around and there was no time, I never saw it. I will ride again if able, and it appears so. I will wait a bit longer before I buy to kake sure i'm staying healthy.

Thanks again, for all reply, I will probably take the majority advice here and from my friends family etc

 

[Gonolz]

I agree that you should hire an attorney, but think about what your arrangement is with the attorney. Most personal injury attorneys will want to take 30%+ of what you recover. Consider hiring an attorney by the hour to review the release, advise you, and amend it accordingly to cover possible future expenses. It is probably not worth it after USAA has already agreed to pay for current damages to hire an attorney who will take a huge chunk of what is already agreed.

 

[cmanole]

I agree that you should hire an attorney, but think about what your arrangement is with the attorney. Most personal injury attorneys will want to take 30%+ of what you recover. Consider hiring an attorney by the hour to review the release, advise you, and amend it accordingly to cover possible future expenses. It is probably not worth it after USAA has already agreed to pay for current damages to hire an attorney who will take a huge chunk of what is already agreed.

But there is a potential for some real, long term issues to consider here. That's what the lawyer needs to iron out the insurance company.

 

[KevNole]

Yes the one I spoke w/ says normally 33%, but my co workers wife works for him for 25 years and said 25%, the total amount paid out was indeed a thought if he gets 25%

 

[FreeFlyNole]

Were you cruising in the left lane?

 

[Bud Fox]

Yes the one I spoke w/ says normally 33%, but my co workers wife works for him for 25 years and said 25%, the total amount paid out was indeed a thought if he gets 25%

Just understand, insurance companies have detailed files on individual attorneys. For example, if you hire a guy that has a shingle out, works out of a virtual office, and does his own filings and paperwork, he may take a lower %. However, the insurance companies know FOR A FACT that guy is FAR MORE likely to want to settle quickly and not take the long term approach to get you the maximum settlements because he needs the cash flow. Larger firms may charge more, but the insurance companies know that they are willing to go the distance, so they make better offers and often, significantly higher settlements for their clients.

Do yourself a favor and don't focus only on %. Meet and speak with a few qualified attorneys, and trust your instincts.

Better yet, call my friend Les McFatter at Perry & Young in PCB, he is a great attorney, and a far better person.

I tell him he reminds me of a modern day, personal injury attorney version of Matlock, southern charm and all!!

 

[Lemon Thrower]

definitely get your own attorney and don't rely on message board advice.

i find it unlikely that an insurance company would agree to an open ended settlement. usually the best you can do is get as much as you can now.

a decent lawyer might be able to get you three times your actual damages as an estimate of pain and suffering. so if you have $25,000 in medical bills, they might get you $75,000. if you figure the lawyer gets a third, and the hospital gets a third, figure out if you are ahead.

here is a link to a very smart lawyer i know who practices in this area and is a Nole.

http://www.forthepeople.com/attorneys/brian-c-vigness

 

[KevNole]

Were you cruising in the left lane?

Ha!, no actually I was in the right lane of a four lane divided highway, in which he came out of the right lane and in from behind the car that was behind me and zipped into the left lane and zip immediately back into me into the right lane again. But yes I have seen the multiple threads on left lane driving

 

[KevNole]

Monday was actually my first day back at work and of course it was hot as hell. I had a long busy day only to end up at the vet's office to unfortunately put down one of our 13 year old labs, so it sucked overall. It's been a crappy ass year but it will get better. First I broke my right foot in January, my mother died in April on my youngest son's birthday, and then the accident. The dog yesterday. It will get better I have faith

 

[cmanole]

Monday was actually my first day back at work and of course it was hot as hell. I had a long busy day only to end up at the vet's office to unfortunately put down one of our 13 year old labs, so it sucked overall. It's been a crappy ass year but it will get better. First I broke my right foot in January, my mother died in April on my youngest son's birthday, and then the accident. The dog yesterday. It will get better I have faith

The good news is you run a chip route and not a package route like real men. I keed, I keed. Sorry about your dog, it will get better...