I was recently run over by a vehicle as I was walking through a parking lot. The injuries almost took my life. As a result I have already required emergency life saving surgery once, in which I lost my spleen and almost a kidney (the doctors said there was barely enough of it alive to leave it in). I also incurred other injuries to my ribs and spine. My back has not healed and will need further treatment as time goes on. The removing of my spleen will affect me for the rest of my life as I am now more likely to get infections and illnesses that could become life threatening at a much more rapid pace. I missed over two months of work and have recently just returned on a light duty basis because I had no income and have a family to feed.
My question is that my lawyer is saying my settlement will be capped by the drivers insurance policy. So if she has the mini. $20,000 policy, that is all I get. This does not seem right to me, as I have heard of huge settlements in the past for accidents like this and for pain and suffering. I have had quite a bit of both after spending 24 days in the ICU and missing an entire month of my then two month old sons life. My fiance has also had to go through a lot, can that be a factor? Is my settlement really capped at her policy limits or can I get above and beyond that from her insurance company? There is no telling how this will affect me long term (the loss of a spleen as I said leaves me much more open to illness, I must get a flu shot every year and other immunizations every year. There is no telling how much time off of work I will miss in the years to come as a result of these illness'. Also the spleen has been linked heavily as a cause of early death in patients who have had theirs removed.)
Orignal From: Is my personal injury claim capped by a drivers policy limit?
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