The attorney that handled your Personal Injury claim should also be advocating for your car, as it's all part of the same accident. You have not indicated the year or your car or it's actual value. If the car has a value of only $1,392.00, then that's all you will receive. Courts really don't take into account such things in most states, they deal with actual money damages. This is where your problem is, you are already 100% disabled, thus you don't work. Because you don't work and are already disabled it is very likely you will only get your medical bills paid for and the value of car returned. When you hear of people obtaining large settlements in Personal Injury or Automobile Accidents, it is because their ability to work has been taken away, not pain & suffering.
I would contact your attorney who handled your Personal Injury aspect of the Automobile Accidentt and demand he finish the case, as your property should be part of his duties. If the attorney fails to perform, contact the organization in your state that governs attorneys and file a complaint.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Jan 05th, 2012 at 11:08 AM