Lawsuit settlement but no money?
 

If I knew then what I know now...

Never expected much of a settlement. A very young irresponsible man hit us. We didn't figure he'd have much of a policy. He didn't have his own insurance but was covered by his mothers insurance.

We were surprised with the policy but it is still a drop in the bucket compared to my injuries and what I've lost. They gave me policy limits immediately. My lawyer has been going through medical bills and subrogation. I have a lot of medical bills. Turns out the lawyers, doctors, and my health insurance (mostly them) with get all of my settlement.

With subrogation the health coverage from my car insurance does not have to be repaid. But from my private health insurance...all of it.

better than nothing policy but I won't see any of it. So we did all of this with the lawyers to pay the lawyes and get my health insurance companies money back and still have big bills to pay after. ????

There is really something very wrong with this. Very disappointed with our laws and broke.

Jace

Yeah - I have lost hundreds of thousands of dollars already... not to mention that I was offered a more prestigious position at a renowned venue just a week after the accident I was in that my current employer was prepared to counter... AND I was going to apply to grad school - I would have a terminal degree by now.

The settlements I received and the insurance coverage of the guy who caused the accident was NO COMPENSATION compared to what I have lost.

But I'm very lucky that my family and friends, including my SO, came out of the wood work to help me out.

I'm broke but I'm not in debt. I was but that is gone now.

I can completely understand how an accident or injury could cause someone to declare bankruptcy or financial ruin.

I can understand how people can become homeless from an injury.

It makes perfect sense to me that statistics prove that a staggeringly high percentage of people who live on the streets are tbi survivors.

TBI seems like a poorly understood and mismanaged epidemic in our society.

I'm not sure but I think you could still file a civil suit or small claims against him, it has limits per state/county.
But if he was found at fault legally, you could get a couple thousand.
* info based on the TV judge shows*

Same thing happened to me.

To make matters worse, in a gift to the insurance industry, my province puts very low maximum caps on payouts. You know, going in, that, even under the best of circumstances, your settlement will be a pittance - and then the lawyers and medical insurance people will pick those few bones clean.

I will NEVER not be bitter about this.:mad2:

Forget civil court. The people who cause horrific accidents are often LOSERS (drunks, stupid teens, the willfully unemployed, etc...) and you can't get blood out of a turnip. :deadhorse:

let me join the party
 

Same thing happened to me and it is a nightmare when you also have comp. The greedy bastards deny deny deny then take any insurances through subrogation.

If I am not mistaken once an insurance carrier gives up therir clients policy limits i believe there is a clause that you will not go after them in another capacity - hence what insurance is all about .

Hi Jace,

I'm so sorry, all these irresponsible drivers running around and with no insurance or hardly any.

I know this is after the fact but...can you get Uninsured/Underinsured auto insurance on to your policy?

This means if someone else hits you and they don't have any ins. or not enough ins. you would fall back on your own insurance and they would pay you a settlement/bills etc.

My daughter was riding in a friend's car and someone drove right out in front of them, daughter had both arms broken/fingers/concussion, after some settlement from the at fault party, her attorney fell back on my daughter's car insurance and they paid her a substantial settlement.

After my daughter's accident I upped everything to be well covered.

It really doesn't cost that much more to add all the above to a policy and well worth it for peace of mind.

An accident can send someone into financial ruin and it's beyond not right.

You can take that young guy to court, not sure if you get a settlement he'll be able to pay but it would be on his record and I think, not sure sorry...but he will have a judgement against him which means he won't be able to buy a house, etc until he does, I know in my State it works that way.

That's why the person who was the at fault party in my daughter's accident ran and took his name of all his belongings, house, cars etc :(

Where I live, it's really just a fee to drive. PERIOD

Oh my goodness.. I am so sorry!!!

I am just at the beginning of all of this... and not looking forward to the 'fight'

I'm so sorry that there are those of you that know how this feels :sorry:

This young man has no assets to his name. Through the courts he had to pay several hundred dollars.

When we signed the settlement agreement it states we can no longer go after him for any more money. My husband wanted to garnish his wages for life but we'd have to fight to get money from him and be tied to him forever.

If I would have known all this I know now, I would have never sued. I made the lawyer richer for VERY LITTLE work. Insurance is making more than if I didn't fill a claim. They charge the full amount for everything when there's a lawsuit which means it's marked up 80% or more.

My husband is very angry. What we have lost as a family is priceless. What I've lost a human being I couldn't begin to think of a price tag.

My reward...hopefully SSD. CONGRATULATIONS...EVERYTHING YOUVE WORKED FOR SINCE BEFORE COLLEGE TOWARDS YOUR CAREER IS TOSSED AWAY. You won't work in your chosen field

I could go on and on but it's just ranting and all you know the same pain and frustration.

Sometimes I just don't understand God's plan. I LOVED my job and told my kids daily. My soul had endless patience and the love of interacting and teaching these young minds. To be a part of their lives and their families was such an honor and every year I let the moms and dads know that I would always treat their child as I do my own. Besides being a mom there is nothing else that has ever come so purely and genuinely for my soul than teaching.

I am blessed to still be here with my family and be a mom to my girl. I used to wonder why God blessed us with such a good child and now I think I know. Life would be quite a lot harder if she were not who she is...yes, I'm bragging a little.
I was beyond ready to be a mom when she came along and having her has been amazing every step of the way.

Thanks for listening. Sometimes just telling my story helps me move forward. I really appreciate all of you here :grouphug:

Jace

It's surprising (and sad) just how similar our situations are. Well, I guess, that means we're not alone. :hug:

Oh, Jace, if I could I would just give you a big hug.

We had to settle because even the deposition gave me the most intense stress migraines. In them I made all these statements, believing them. But then, my husband would read the written depositions, and he would later question my statements. I would later realize I was wrong. Brain injury me made the worse deposition witness.

So yes, I could never go to trial. But after the settlement, we were so far from made whole. The amount after lawyers, health insurance, car insurance, and all was so little.

It was maddening. Now I begin to wonder if this 23 months is the beginning of a permanent disability. My doctors say not to give in and that the brain is amazing, so I will hold on.

I understand---all this training, graduate school, and unpaid leave from work. I can feel that they are about to fire me (accommodations, ADA coordinator and the department are on the verge of figuring it all "out" for me). I am doing my therapies, working hard to improve, and trying to adapt to new ways of doing my job should I return.

It feels utterly hopeless---I know. I still feel I am suspended. Not like before and not re-entering.

Lesson learned-We decided to get the maximum of uninsured drivers insurance possible so that should we ever get in an accident again, this would never occur.

BE well---

Don't reproach yourself. No matter what you do, the insurance people will find someway to screw you out of what you've paid for. The field is tilted against us - completely. :(

So sorry to hear these stories. Double victimisation.
Be strong. No one can take that away from you (us!)

hang in there!
 

So sorry for your losses Jace and everyone. PCS and accidents and the whole brain injury deal is very, very life changing.

Jace, in time, you might be able to teach again. It might not be the big classroom like you had, but even tutoring or small groups.
You never know.

Take care

poetrymom

Hi Jace,

Wow..truly UNBELIEVABLE!!! I felt so bad for those of you who suffered once again with nothing to show for your continued troubles. I have not gotten to the lawsuit yer, but I tremble at what is possible now. I hope those of you who didn't receive just compensation for your accidents can find some other way to help with the expenses of daily living and life.

Jace, between your neurologist/ doctor telling you the results of your latest neuropsychology tests and your inability to return to work, you should more than qualify for SSD. I applied twice, (first time with my husband, second with a lawyer) and I was rewarded SSD the second time just recently. I believe it was because I had Neuropsych testing to "prove" the extent of my brain injury, as well as qualifying for Neuro rehab.

Please give the SSD another try; a lawyer may help you get this, and it was nice not to have to do the whole process again by myself ( with my husband's help). I was just required to show changes that occurred between the first time I filed and the second time, which was primarily the Neuropsych tests.

It is so helpful to have this income to help support my family, since I cannot work. And it gave me a sense of relief and the ability to feel like I could make some contribution to my family instead of always taking from it ( for medical expenses and time away for rehab).

I wish only the best for you, and for the rest of us who have not reached this lovely point yet. I am keeping you and the others who have had less then favorable results with your lawsuits in my thoughts and prayers.:grouphug:

Yes - I could have sued the guy for an amount above what his insurance covered and I would have probably received a court's order for a hefty settlement BUT in my state right after that happened he would have been able to declare bankruptcy and I would have received NOTHING. It would have been very stressful for me to have decided not to settle so that I could continue through the deposition and court process to receive NOTHING.

I now carry a $1 million dollar car insurance policy but that is little consolation. If I had known then what I know now I would have carried a hefty policy BEFORE the accident I was in.

I was naively under the impression that because I was a very good driver that another person's insurance/liability would have to pay for any injuries they caused. As we all know now, I was wrong.

This is one of the things on my list that I want the world to know - that our insurance system is BROKEN.

And @berkelybrain - I had an attorney who was experienced with brain injury who taught me how to be deposed.

I agree that the legal system is not supportive to tbi patients. Unfortunately, our entire bureaucratic society is not. This is something that MUST change.

EsthersDoll, you are so right, the insurance system is broken, also until my daughter was hurt in an accident I just assumed things and my insurance agent hardly explained anything, my fault as I should have asked and known everything.

I have to do 2 depositions and am dreading it as I cannot think properly, get easily confused and memory is shot.

EsthersDoll is absolutley right on this. I think a lot of us thought the same way until something like this happens.

For those of you giving depos - are these to the other drivers insurance co? or your own UIM?

Please, everyone, hire your own attorney. Do not rely on an attorney provided by your car insurance company - they have their own agenda and their agenda is not to take care of you, despite what the commercials on TV say about it.

Also, make sure that your attorney has real life experience including other clients who were tbi patients. Make sure that they know how to work with you - and to teach you how you can succeed during the depos and other court proceedings.

It's a VERY Bad Situation
 

I am sorry and I can relate to it all! It is all bad for this type of situation. I was told at beginning of my situation that the insurance is not anything unless you get hit by a millionaire with the highest coverage. Then if you try to fight they will turn on you and do a countersue on YOU!!Then you do not even get bills paid, lawyer, court fees etc. SUX

I had been forced to get a lawyer to even get any diagnosis! In return I have cognitive impairments that can not get better. Because I had to wait a year to get ANY diagnosis besides "Depression"! So I then developed more diagnosis as I went medically neglected for a year.

By the time I got diagnosis I could not see any real Brain speciality MDs I only had a law neurologist for lawyer. I got to see a real neurologist last month to try to get into a Concussion program. NOPE! now my TBI is to old! (anything after 2years)

I feel your pain and frustration. This is when I really got spiritual healing and look to the Higher Power.:grouphug:

Really, there isn't much point is worrying about the depositions. As a TBI patient, they're really a lose/lose.

If you stumble, and make errors, because of your brain injury, they'll say you're dishonest - and use that against you. If you do well, they will use that to say you're not brain injured.

It's the same when it comes to the settlement. If you were very intellectually capable before the accident, they'll say your injury is no big deal because you're still smarter than most people. If your premorbid intellectual horizons were more limited, they'll say your injury is no big deal because you were "stupid" before. See the pattern?

All that said, there are things one can do to help oneself at the depo.

Firstly, resist the urge to engage in verbal diarrhea. Answer questions with as few words as possible - don't offer up ANY extra information.

For example, when I was asked if my current car was an automatic or a manual, I asked back, "which one?" She has to ask another question to learn that BOTH our cars are automatics. :D

Like I said, give up NOTHING: they will twist, innocent, offhand comments against you.

Keep your answers vague. They will try to get you to say you were x many feet from the other car, or whatever. Just say you're not exactly sure - because you're not.

Beware the phrase, "You would have to agree with me..." Every time you hear it, say "I doubt we'd agree about much." They'll continue the line, but it tells them, and anyone reading the transcript, that you knew they were trying to manipulate your answers.

Ask them to repeat questions - over, and over and over. When they've repeated it, ask them to rephrase it. (Hey, we TBI folks might as well use our weak memories and slow comprehension to OUR advantage.;)) Firstly, this really annoys and flusters them. You prevent them from getting a rhythm and following their game plan. Secondly, it cuts down the number of questions they are going to get to ask.

A good lawyer will help you prepare for this ordeal.

Hockey: Thank you.

I remember doing a deposition 25 years ago( no fault accident)and the attorney kept saying "So what you're saying is..." and I'd say "No, that's not what I'm saying" mind you I had not suffered a concussion then so could think straight.

Unfortunately I get on my own attorney's nerves! I can tell he's frustrated with me as I can't think properly, actually his behavior is more upsetting than anything else at this point. He did say the other attorney wanted to do a deposition months ago but I'm not ready, will I ever be? I think not but...

He wags his fingers at me when I say I was beyond disorientated after the accident, telling me not to say that as they will use it against whatever I say as being wrong, what are you supposed to say then!!!!!!

He also said we are looking at going to trial (my nerves went even worse) as they are going to be awkward.

You're right, if I do well they'll say I'm not brain injured, I know I am and am possibly having seizures but I'm sure they are going to say they are not from the accident, so upsetting the whole thing.

Thanks so much again and I'm going to print out what you said :) Take care.

Realistically, all you can hope for in a depo, is that you don't hurt your own case. This is really the enemy's baby.

I don't know about where you live, but here, at depo, the other side can ask you ANYTHING. Unlike at trial, your lawyer can't object to questions that are inappropriate, irrelevant, insulting, etc...

It's the other side's fishing trip - and you're the sucker they're trying to land. Don't take the bait: keep your answers short. You know what they're trying to do, so try not to let them get to you.

Be prepared to be asked VERY personal questions. Even if you aren't asking for any compensation for damages to your marital relations, chances are that they will go there - just to try and make you uncomfortable.

If you say the injury makes you yell at your kids, to try and get you to retract, they'll intimate that maybe you should be reported to Children's Services. Don't worry, they'd never do that. They don't give a rat's butt about your children's welfare and filing a report would only strengthen YOUR case. It's just part of the intimidation.

Of course, that will come AFTER they play friendly. Beware, they will usually start with "blue sky" questions. These are questions about the actual accident that are documented in the police report, beyond dispute and meaningless for the purposes of litigation. Stuff like, "Was it sunny?" "Was it morning?" "Were you driving alone?" etc... These questions are designed to lower your guard and get you into a pattern of agreeing. Keep that in mind, while you're answering them.

Your injuries are real. You aren't secretly moving fridges and working on a PhD in quantum physics. Just give short, honest answers, remembering ALL the time, that the person interrogating you is a dishonest, scheming, soulless scum bag (and those are their GOOD qualities), and you'll get through the depo. :hug:

Hockey wrote:
Just give short, honest answers, remembering ALL the time, that the person interrogating you is a dishonest, scheming, soulless scum bag (and those are their GOOD qualities), and you'll get through the depo.
_____________________________________

Priceless.

And true.

Yep, in another place and time, they'd be the people loading women and children onto trains for "resettlement" in the East. Insurance company lawyers and doctors have zero morality. Disgusting, disgusting excuses for human beings. There's a special place in hell...