How much can you expect to get from an insurance company from a major accident?

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How much can you expect to get from an insurance company from a major accident?

My daughter was involved in an accident that a woman ran a red light and hit the truck she was riding in. She was texting, under the influence of drugs and alcohol, driving too fast and no head lights on. My daughter was injured the worse with 3 months in hospital; 1 month in intensive care with a severe head injury, broken neck, broken ribs, collarbone and numerous surgeries. She still cannot walk and has no short term memory. Should I speak with a personal injury attorney? In Montgomery County, TX.

Asked on September 22, 2011 under Personal Injury, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No one can guarantee exactly how much you can get from an insurance company from a major accident.  However, one of the items they usually strive to cover are medical expenses, future medical expenses, and loss of wages.  These are items which are usually easily calculated and identifiable.  The harder number to come to with any insurance company is how much should someone get for "pain and suffering."  Some insurance companies have specific formulas, which others have general guidelines, like double the medical expenses.  Talking to a persona injury attorney is a good start.  An attorney that routinely practices in car wreck/personal injury type cases, will be able to give you a better idea of how the insurance company that you are dealing with settles their claims.  They can also advise you of any statute of limitations issues and give you suggestions for how to develop your claim.  Shop attorneys.  Find one that answers you and your daughter's questions.  If you don't understand them now, you probably won't understand them later.  Before you talk to an attorney, however, you may want to do some basic leg work.  You mention that your daughter was "riding in" a truck, not driving it.  The insurance company that represents the owner of that truck may be able to give you some information about the other driver's insurance.  The major thing you want to know is what are the other driver's policy limits.  If the other driver's insurance is capped at $100,000.00, then his insurance company is only liable for that amount.  The driver will have to pay the balance of any awards higher than that.  You should also gather any offense reports or medical updates that you have been provided.  The more information about the accident, history of the driver, and details of the driver's insurance policy that you gather will enable the personal injury attorney to give you a more accurate estimate of how much you can expect to get from a major car wreck case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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