What are my rights regarding injuries that I suffered in a car crash?

I was in a auto accident last month and recieved a swollen, bruised knee as well as hurt my back. I’ve been in pain so have been taking pain pills and muscle relaxers (which I’m now out of and which really weren’t helping). The insurance company sent me a $700 check for my pain and suffering but I did not cash it. I called the man from the company and told him that my pain is worth more then $700 and that I started therapy about a week ago, hoping it will ease some of my pain. Yet he says that he doesn’t care what I do. All he offering is $700, so now I’m seeking a lawyer. Do I have a case?

Asked on February 23, 2013 under Personal Injury, Texas

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

You must consult an attorney in Texas to know if you have a case and what kind of case you may have.  The laws covering auto collisions vary from state to state.  As a general matter, your injuries are worth more than $700 for pain and suffering (IF you are entitled to recover pain & suffering - in Florida you could recover pain and suffering only if you sustain a permanent injury).  Regardless of the value for pain and suffering, it looks like your medical expenses will exceed $700.

You are right not to cash the check.  Sending a check is a way to obtain a release from all liability if people do not understand the effect of cashing that check.  Good job.  You are also right to seek a lawyer.


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