Albion, IN asked in Personal Injury and Car Accidents for Indiana

Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have nerve damage.

What can I do to get satisfaction.

2 Lawyer Answers
Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not familiar with personal injury litigation, the language can be confusing. For example, in Indiana, ALL personal injury claims must proceed to nonbinding mediation BEFORE they can be tried. You wouldn't generally go to arbitration unless your insurance policy required it under the circumstances.

You seem to believe that it would have been possible for you to recover more money at trial. That is not true. If you go to trial (before a judge or a jury), your recovery is limited to the amount of insurance that either you or the defendant carried. So if you got a judgment for $150,000 but the policy limit was $25,000, you get $25,000. You don't get a penny more than the policy and you don't get your medical paid. Things like medical bills and forfeited wages are introduced into evidence as "special damages." The judge, the jury, or the Arbitrator takes those special damages into consideration when he/she makes an award. Proceeding to binding arbitration prevented either party from appealing the decision but did not necessarily reduce the amount of the decision.

I wanted to explain the above first but the simple answer to your question is that you cannot do anything because the matter has already been adjudicated. In Latin, it is res judicata (a thing resolved).

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: More information is needed to meaningfully evaluate your case. However, keep in mind that a binding arbitration can have the same effect as a court decision. Good luck

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