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

UPDATED: Feb 23, 2013

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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


Catherine Blackburn / Blackburn Law Firm

Answered 10 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.

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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