Hit by drunk driver, totaled truck, crushed right femur, 4 weeks in hospital, settlement amount?

Question

Hi folks,

42 YOA, MWM, IT worker.

Headed home from work on county road when drunk driver crosses double yellow line and hits me head-on. Totals my new truck, crushes my right femur, minor lacerations to hand and face from windshield and airbag impact. Over 10 hours in surgery, steel plate with over 70 screws in leg, scar from knee to right buttock. Over 4 weeks in hospital and two months in hospital bed in my den (Unable to climb stairs to bedroom). I suspect there is a "Mechanical" problem with leg as I cannot straighten it parallel with other foot, some of this will probably straighten out with therapy but PT's have opinioned that it is probably "Off" or out of alignment by a few degrees. Extremely painful. Police report has 3 eye witnesses, the guy who hit me was 2x the legal limit drunk (5:15 in afternoon!) and could not even stand up to take roadside sobriety test. Probably perm. disability. Any idea what a case like this is worth in settlement?

I am scared of arthritis later

Answer 1

From the sounds of your injuries I would't settle. Make  them pay for all of your medical and future medical bills,your time missed work, and your car. As long as you still have injuies and medial problems and can't work they have to pay. If you settle for an amuont and you have more medical problems later on from the accident you would have to pay yourself.

Answer 2

Actually your best source of information regarding this will be your insurance agent.  Keep in mind that you can ask for millions, but you won't get any more than the maximum the other person's policy will pay out.

Answer 3

Are you saying that you a permanently disabled from ever working again?  That makes a big difference in case value.  Your medicals are likely more than $250K or better.   You do not say when this loss occurred, but I assume that you are still treating.  

Hate to break the bad news to you, but I have a strong feeling that the other party was underinsured.  The most you can recover is his policy limits.  If he does not have any assets, it is unlikely you will get more.  

You may have Underinsured Motorist Coverage.   You may be able to tap into this coverage, but in some states your UIM coverage is reduced by the tortfeasor's policy limits.  Meaning, if you have $100k and the tortfeasor had $25k, you can recoup a max of $75k.  

You may have a claim for punitive damages, but most insurance policies to not cover such damage.

Edit - read bkg's post.  Wrong info provided there.  You have no claim against the other guy's insurance company.  They were not legally liable for your damages.

Answer 4

BIG $$$.  You will probably be living with pain for the rest of your life (sorry to hear about that, by the way).  Get a good lawyer, and DO NOT talk to the other guy's insurance company.  Refer them to your lawyer. They will try to trip you up and get you to settle. Go after his insurance company and him personally.  Good luck!

Just remember that your lawyer will get a BIG chunk of it.

Answer 5

Been there done that, get a good lawyer and do not settle till everything is fixed as good as they can. I did not and have been in pain since