Rear ended while stopped at red light by a dump truck, seriously injured, just fired my lawyer!!!!?

Question

I was in New York ONE HOUR ( driving 1800 miles - for a 4 day visit with my fiance) prior to being slammed in the back at a red light BY A DUMP TRUCK. it totaled my car, and seriously injured me. 5 months later, I am STILL in new York, seeing a doctor 3 days a week, suffering from TMJ, AND THE EFFECTS of a closed concussion- WHICH causes my thoughts to "skip" IT IS SO IRRITATING, I SOUND LIKE PORKY PIG-my brain knows what to say- but I can't make it come out of my mouth- I AM A TOTAL DIFFERENT PERSON, 5 MONTHS AGO, I WAS INDEPENDENT, FREELANCE PHOTOGRAPHER- now, I'm embarrassed to talk on the phone, can't drive a car, FEAR IS TOO GREAT, and get anxiety attacks if I step outside the house- even canceling doctor appointment, because of the fear. Without income, and waiting for progressive to REIMBURSE over 10,000 in out of pocket medical bills, My fiancee HAD to choose my medical bills or his mortgage- causing him to go into foreclosure, HOW CAN I GET HIM OUT OF FORECLOSURE?

Answer 1

I'm Sorry for all of your problems but I believe you would do better by asking this in the legal section of Yahoo answers.  Do you have a lawyer?  Perhaps you should consult with one?

Answer 2

Your fiance's debt/foreclosure will not be considered or included if in fact your are tort eligible.  Your claim is not his claim.

As you probably already know, in NY, in order to file a pain and suffering claim, your injury has to be "serious".   Since you have alleged that you have been out of work for 5 months, then you MAY have pierced the threshold requirements under the 90/180 disability rule.  However, this needs to be documented with medical reports.

Is Progressive your insurance company or the dump truck's insurance company?  Since the loss occurred in NY, and even if you did not have PIP coverage of your own,  you should be entitled to the mandatory limit's of $50k.  This coverage pays for your medicals and lost wages.

If for some reason you are not entitled to PIP, then call the at fault carrier's insurance company and speak to the adjuster handling the claim.  They will not speak with you until they get a letter of withdrawal from your attorney.

Explain your financial situation, and see if they will advance you a portion of your lost wages, again assuming that you are even tort eligible.  Some insurers will do this in an effort to maintain the direct deal relationship.  Any advance will be deducted from the final settlement.

Why did you fire your attorney anyway?  Why are you still in NY.  Don't you have doctors where you live?