Question
OK, David, I think I have provided you with sufficient ammunition to succeed in getting all of the policy limits settlement except for a personal injury attorney fee of NO MORE THAN $800 to $1,000 at the MAXIMUM. I trust that my extra time in researching and writing have been of value to you. And thus I would respectfully request that you take the time to find the feedback form on this website and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
Dear JD,
Thank you for taken the time to provide me with additional information,im really many things now under consideration but most importantly im really pursuing something more then the settlement that has been offer. I have the documents to release every right i have to pursue more monies, in other words the paper that says sign here and will be sending the check of $16,000 right in front of me. But let me give you a little extensive information from what my lawyer have told me from the beginning of the interview i do agree with you that i feel my lawyer is not working on my best interest and that he knew this was a "slam dunk" case so that im my oppinion he wanted to settle the case knowing that his contingency fee would be 1/3 of the settlement meaning he wins and im loosing out on the long run but this is what he has told me from the get go. The driver's policy limit is $50,000 there were 3 people involved in the accident however i was the one injured the most requiring surgery ,the driver suffer minor fractures to his ribs but no broken rib no surgery he is back to work, other passenger unharm from my understanding from what the lawyer has told me is that the policy covers everyone who was involved in the car accident so i somewhat felt that the lawyer was pursuing the difference of the minimal policy of $50,000, also he asked if someone from my household has insurance as to answer your question i dont have insurance nor anyone from my family he did explain to me about a maximum policy that he can pursue maximum of $100,000 something of that nature, however no one in my household has insurance ill be keeping up to date on my actions with my lawyer as i will be sending him an email due to fact i lost my voice reason for looking for help on the internet since i cant really talk to look for legal advice once again thank you for all the help.
Answer
Dear David,
DO NOT SIGN THAT SETTLEMENT AGREEMENT UNTIL YOU GET A SECOND OPINION.
I wonder if this is worse than it first seemed to me. Unless I am missing a big piece of the puzzle here, you should be given full policy limits, PERIOD.
YOU MUST find out if your driver's insurance is 50/100 or just 25/50. You can read here to see what those numbers mean and how auto insurance works: How to Buy Automobile Insurance http://www.settlementcentral.com/page8008.htm; (scroll down to the explanation above the chart)
The first number is the maximum any one claimant can get, and the second number is the maximum for all claimants injured in the same accident. Your driver caused the accident, so he is not a claimant. Since no other claimant was really hurt, no one can contend that you do not get the full policy limits. The driver gets no part of his liability policy, so there is no way you would ever be awarded anything but the full $25,000.
That much you could have gotten with just giving them your medical records. You did not even have to have an attorney, so that is why you need to get a hold of your file and let a second opinion attorney see what work really had to be done to get this money.
Now, if the policy is a 50/100 policy, then you are entitled to $50,000. That is not so much of a "gimmie" as the $25K. But why is your attorney recommending the settlement at only $25K if more insurance is available? Maybe he has back due taxes that need to be paid ASAP, so he is calling in all of his settlements to bring in his fees. Why else would he try to sell you on a short settlement if $50K were available?
I stand by what I said before about this attorney, and I would do as I suggested last time: write to me at my website ( http://www.SettlementCentral.Com ), identify yourself from this site so I know where we met, and I will give you a letter to your attorney to allow you to pick up your file and get a second opinion. DO NOT BE AFRAID TO TAKE YOUR FILE FOR A SECOND OPINION, AND DO NOT LET THIS ATTORNEY TALK YOU OUT OF IT. Do it in writing and do not meet with him; make them have the file ready for pickup ASAP.
I WOULD LIKE A SECOND OPIINION AS TO WHY THIS GUY GETS $8,333 FOR BASICALLY WRITING A LETTER.
Also, I want you to call your state bar association and find out if they have fee mediation or fee arbitration. DO NOT BE AFRAID OF THESE IF THE ATTORNEY WILL NOT REDUCE HIS FEES DOWN TO $800 OR SO. Attorneys do not like for clients to contact the State Bar Association, but the Bar is there TO SERVE YOU, NOT THE ATTORNEY. Bar associations are very much consumer-oriented organizations and they will help you even if you know nothing at all about the law.
Last topic is that you can go after the assets of your friend, if he has any. See the discussion of that topic in our Directory of Legal Information Liability Insurance Policy Limits Settlements in Personal Injury Insurance Injury Claims http://www.settlementcentral.com/page0451.htm
If he has no more assets, ask your second opinion attorney what other tortfeasors he can think of. Maybe the roadway is unsafe.
If there are no other tortfeasors, or if your friend has no real assets to go after, then the $25,000 IS ALL YOU ARE GOING TO GET. Thus, why in the world would you want to give anything more than the minimum to the attorney?
Right now you have to treat your attorney as your adversary inasmuch as he is trying to make off with some of your money that he never earned.
Best Wishes
Dr. Settlement, J.D.
Http://www.SettlementCentral.Com
