Expert: Bennie719 - 5/7/2008

Question
My sister in law was involved in a MVA approx. 1 year ago. She and her friend were rear ended. The attorney she has now is not getting back to her timely and is not giving her answers, so I am trying to help her. Regarding MVA cases is the statutory time frame to settle 2 years? Depending on the injury can a liability case be settled with cash compensation and future medical treatment? Can the party at fault's insurance only pay up to what the insurance policy is written for or can they settle for more?  Or would she have to file suit agains the party at fault civilly for the remainder of compensation? My sister in law has been seen by a physical therapist, chiropractor and a neurologist. MRI's have been done which show nothing. The last doctor she went to diagnosed her with fibromialgia.  Her hips hurt, neck and back. Woudl there have to be doctor findings to receive a reasonable settlement and furute care?

Answer
Hi Jennifer,
Since your sister-in-law is having problems dealing with her attorney, she may decide to fire him/her and secure a new attorney with TRIAL EXPERIENCE, since this is going to be a very difficult case to prove.
The statue of limitations can vary from one to six years, depending on the state in which the accident occurred.  The most common statue is 2 years, which applies in 22 states.
The adverse insurance can pay no more than their policy limits toward an injury settlement.  Your sister-in-law's attorney can sue the adverse party for an additional amount, assuming that there are assets available.  There is also the possibility of settling for policy limits from the adverse party and then filing  a claim against her own company's underinsured motorists coverage, depending on the limits and legal wording of her policy.
A competent attorney will know how to handle this.

For people who are susceptible to the condition, fibromyalgia has been thought to be triggered by stressful or traumatic events, such as car accidents, as well as repetitive injuries, illness, and certain diseases.

This means that the claim is going to be difficult to prove, because the burden of proof falls on the injured party and her attorney.  For this reason, she needs the most competent attorney available.

I hope this information is found to be helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area