Here is how it most likely will come down. You need to keep track of the medical. Don't settle the medical side of it until your doctor releases you and says your 100%. It is a leg. unless a joint is affected, it will heal. If a joint is affected, your doctor will give you a percentage of disability. There insurance company will want an IME (independant medical exam). Your doctor has the largest burden of proof on his side if the IME says there is nothing wrong with you. If there is a percentage of disability, there are set guidlines as to what each joint is worth. Then you get that percentage. Example... your thumb is worth more than your pinky finger. If you had the same damage to both fingers, you would get more money for the thumb. If there is no permanent disability, your not going to get a penny more than the doctor bills/time lost. As far as the truck, they are obliged to pay the reasonable value of the truck if it is totaled, or the repair bill if it is not. They should pay all rental fees for a rental. You may have to sue for time lost from work.

As far as irresponsibility on the driver for improper load control, that is a legal issue that the state/county will deal with. You won't get any money because they are negligent.

 

Holy crap...

 

Be careful about lawyering up, you may end up burning yourself.



You may find yourself in litigation for years. If the company responsible is doing the right thing just be glad you arent getting hosed and start looking for a new truck.


These people wanting you to take them for all they are worth are the reason insurance premiums are so jacked these days.


Im not sure how things work in Arkansas, but here in Nebraska if you are hurt at work you cant sue for injuries because your employer and workmans comp are paying all the bills.

 

I dont plan on taking them for all they are worth. But I do believe they owe me for pain and suffering, the fact that I am scared to death of going back to work n having to stand by the road again, and for my truck. I am going to let them make an offer and c what will come of it before i get a lawyer. There is no way in hell I will be taking my truck back whether they say its fixable or not. I do not believe it is fixable due to the fact everything is shoved so far forward and probably rammed thru the tranny. I am told everything under the truck looks a hell of a lot worse than what u c on the outside. The supervisor was overheard on the phone telling the owner of the company they need to just buy my truck off of me and take me to get what I want. I will c what happens and will keep you all updated. The truck will not be evaluated until tuesday tho.

 

This is an interesting point. This was an at-work accident, so that may throw a wrinkle in how and with who you can negotiate.

 

True and the safety guy at work said it is going to be a complicated claim because of workmans comp and all of that. But I was not at the job site I was on a public road.

 

It doesnt matter.


If your getting paid, your employer has to cover you. I just cant dictate what exactly is going on because its Arkansas law, But its a federal requirement for your employer to pay for all medical expenses for an at work injury.


If you were getting paid to stand in the street with a sign, you were at work.

So I dont "Think" you can sue any one for medical injury because it would be up to your employers insurance. If your disabled, I think you would actually have to sue your employer?

How ever, you should have free reign when it comes to your truck settlement.

 

Your own car insurance will not cover your medical, you were not in it.

Keep ALL copies of any medical treatment. Finish ALL therapies and do NOT forget to go to any scheduled appointments. Go see the DR for any an all pain and complaints for any and all injuries. Keep Dr dates records and bills.

Keep records for lost wages. Even if you have to burn some kind of time bank to get a full paycheck.That time wouldn't have been used if you had not been injured.

If they said your frame is 'v'd under the cab, its gone. Since you haven't had it long, if you added anything or there are any things of value beyond the blue blook, add those up as well for a settlement. They need to pay for a rental as well while untill you settle on the vehicle amount.

DO NOT sign any medical liablilty release until maybe about a year. If the Dr says you will have any 'life long' walking difficulties, see about gaining a statement from a Dr for that.

If you will have lasting injuires, do not sign any medical releases since it may be a cause/effect for something later and they will be responsible for that treatment as well such as hip or back if walking/knees etc are problems..

If he says that you will just need time to heal and physical therapies, you should be able to get 2x those medical costs. ie, if all the Dr visits, meds, therapies cost $8,500, you should get a check for medical payouts about $17,000 without lawyers.

 

Hes not going to get a check for any medical bill because hes covered under workmans comp.

 

Yep, and the workman's comp insurance company should be able to recoup that from the insurance company of the truck that hit him.

 

Just a piece of advise....try not to talk about the details on here anymore if you plan to get lawyers and such. This was advice I was given when I was in my accident.... kind of like not being able to talk about a court case until it is resolved. Good luck though, had mine replaced and it was only a year old. Check out my gallery of my 2005 for pics...