QuestionQUESTION: Hi
I recently was involved in a car accident in which the other driver was at fault. My older car was determined totaled and I missed 6 days of work and inorder to keep my job I purchased a cheap junker ($1300) as to insure my job. Though rendered unconcious at impact I only suffer from a sore neck which prevents a good night's sleep. The other drivers insurance company called and offered all medical bills and lost of pay and from what he said damages would be hanndled by someone else at their comapny (guess their specialties are divided that way). I did get a cal from that person with a very low offer. So I talked to an attorney who said **ahem** I need his representation.
Anyway, my question is will a attorney fight for my best settlement on the damage portion...cause I get the feeling he more interested in the injury portion. Btw I had no collision on my policy so my insurance wouldn't help witth recovery and only offered some tip in dealing should go it alone.
Thanks
ANSWER: Hi Gil,
Yes, it is best to get a personal injury attorney to represent you. If you tell me the state, I might know someone. Mail me at robo14@aol.com
Be very careful on the neck injury. I was rear ended in 1997 by a school bus at 60 mph on the end of an expressway ramp.
I am now on disibility due to 9 herniated discs in my spine and both knees are shot. The C-4 was so bad (neck) that they could not operate. The spinal cord was being pinched by a disc. I didn't think I was injured that bad in the neck area. 6 months latter, I could not move my arms and since have very limited motion turning my head.
The attorney's job is to defend you to their best. Without an attorney, the insurance company will low ball as much as they can. You may ask the attorney about your car.
The opposing insurance company is not going to tell you the truth.
I seriously wish you a speedy recovery.
Rob
---------- FOLLOW-UP ----------
QUESTION: Thanks Rob fot the clear and quick response. One last concern...can a settlement be so low that after the lawyer's 3.33% and medical expenses that there could be some hidden expense that I would have to pay? My only concern is be made "whole" again and not trying to make extra money. I don't fear of not winning just winning too small and end up owing.
AnswerHello,
I am going to be completely honest with you based on 11 years of court experience as an expert witness as well as tell you about my personal injury.
One never knows what the jury will find as for a verdict. There are no guaranties. That is why the attorney is working a contigency for 33%. If he/she does a lousy job, you owe nothing. If they do a better job presenting the case than the insurance defense, the jury will find in your attorney's favor.
Court is theater. Its how the case is presented from the plaintiff (your side). You have a better chance of getting made whole than without an attorney.
Remember, this is their game. From experience I will tell you insurance defense attorneys can be very underhanded and share case results with other insurance attorneys, where the plaintiff attorneys don't have such a network.
In my personal injury case, I was destined to lose and that is why I settled. I was in no way at fault being stopped for a red light on an expressway ramp. I hired an accident reconstructionist, an expert orthopedic and an expert chiropractor. Well, I am one of those guys that has a black cloud over his head.
The chiro did crummy at depo and then was indicted for tax evasion. The orthopedic lost his license to practice medicine.
Then, somehow the defense attorney managed to make it appear as though both knee injuries were pre-existing. Granted, one was operated on 20 years before and I never had problems, but how in the heck did he come up with pre-existing when the other knee was never operated on?
Needless to say, after medicals and the attorney, there is no way I was made whole and that is why I am disabled today.
What is real common is, to settle these cases out of court. If this happens, your attorney will most likely try to negotiate with the medical bill people and get you a discounted price.
It is my belief however that hiring an attorney will be the best for you.
What if you have a long term injury you did not figure on? Look at me. I figured on the long term, but had no idea that 12 years later I would barely be able to walk. Never saw this coming.
Granted, these cases can take time, but so does your body to heal. If you got hit hard enough to knock yourself out, if I were you, I would have the doctors looking for soft-tissue damage that does not show up on x-rays.
Rob
