Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   In a car wreck trying to figure out settlement (https://www.askmehelpdesk.com/showthread.php?t=231188)

  • Jun 26, 2008, 06:21 PM
    pam17
    in a car wreck trying to figure out settlement
    I was in a car wreck where a little ole lady had a stroke and plowed into the back of me and totaled my truck. I went to hospital for neck back and knee injuries. I have had to have surgery on my knee for torn cartilage. This has been going on for6-7 months with therapy x-rays surgery. I have close to 20000.00 dollars in medical expenses. How much do you claim for loss of work, loss of time doctor says I will be slightly disabled in my knee and it twill get worse as time goes on and I get older. I don't really want to hire a lawyer. But I will if I have to. But I don't want to get shafted either. My active life style has changed for six months.
  • Jun 26, 2008, 06:59 PM
    JudyKayTee
    Quote:
    Originally Posted by pam17
    I was in a car wreck where a little ole lady had a stroke and plowed into the back of me and totaled my truck. I went to hospital for neck back and knee injuries. I have had to have surgery on my knee for torn cartilidge. This has been going on for6-7 months with therapy xrays surgery. I have close to 20000.00 dollars in medical expenses. How much do you claim for loss of work, loss of time doctor says i will be slightly disabled in my knee and it twill get worse as time goes on and I get older. I don;t really want to hire a lawyer. but I will if I have to. But I don't want to get shafted either. My active life style has changed for six months.


    What State are you in?

    An Attorney on average will get you so much more than you can collect on your own that he/she will pay for herself/himself.

    If you are paying your own medical expenses you are not in a no-fault State?

    How much do you claim? You claim your actual losses. If you make, say, $100 a week and you're off work for 20 weeks, then you claim $2,000.

    I don't know what you mean by loss of time.

    If you have a permanent injury, permanent (even if partial) disability you'd better contact an Attorney. You don't have the experience to set a value on this and negotiate with the insurance company.

    If this was 6 or 7 months ago by now the insurance adjuster should have contacted you and made an offer - ?

    Your accident sounds pretty straight forward but it is usually a mistake not to contact an Attorney right away, when witnesses have clear memories, when the potential Defendant will still discuss the accident, when it's fresh in the minds of the investigating Officers.
  • Jun 26, 2008, 07:07 PM
    Fr_Chuck
    Get the attorney,

    First I hope they are paying your medical bills now, so you can get all the treatment you are suppose to get, And until you are healed settlements should just have to wait
  • Jun 26, 2008, 07:17 PM
    westnlas
    To have gone this long without consulting a personal injury lawyer is foolish. Most offer a free first consultation and work on contingency fees. I doubt that you would want to go to court in any case, but these guys make their money by obtaining settlements. They have readily available the damage amounts that you could get. It's based on your age, education, employment, disability, etc. The insurance company will have several lawyers working for it. Even if you are covered by your own policy in a no fault state, you better believe the insurance company is not going to look out for you.
  • Jun 26, 2008, 07:40 PM
    JudyKayTee
    Quote:
    Originally Posted by westnlas
    To have gone this long without consulting a personal injury lawyer is foolish. Most offer a free first consultation and work on contingency fees. I doubt that you would want to go to court in any case, but these guys make their money by obtaining settlements. They have readily available the damage amounts that you could get. It's based on your age, education, employment, disability, etc. The insurance company will have several lawyers working for it. Even if you are covered by your own policy in a no fault state, you better believe the insurance company is not going to look out for you.


    No fault only covers medical bills so there is no "looking out" for her involved. The medical providers furnish the services, the company pays. That's how it goes.

    Personal damages, right. Every penny the insurance company doesn't give you they get to keep. So guess what they try to do - ?
  • Jun 26, 2008, 10:07 PM
    froggy7
    Who are you going to sue, is my question. If this is a little old lady who had a stroke, you may never see a penny of any settlement.
  • Jun 26, 2008, 10:56 PM
    J_9
    Quote:
    Originally Posted by froggy7
    Who are you going to sue, is my question. If this is a little old lady who had a stroke, you may never see a penny of any settlement.
    The settlement would come from the little ole ladies insurance company.

    Again, what state are you in? You can hire a personal injury attorney who does not require money up front, but gets paid on a cntingency basis. This means that he gets a certain percentage of the money you win in a settlement and the money does not come out of your pocket until the suit is settled. If you lose the suit, then the attorney gets no money at all.

    Check into personal injury attorneys, most have free initial consultations. However, in order not to get scammed, you do need an attorney.
  • Jun 27, 2008, 04:31 AM
    twinkiedooter
    Having needed surgery for your injuries takes you into a different level of things. If you don't consult an attorney you are looking at much less monetary wise from the little old lady's insurance company. At this point it does not matter if the little old lady is around anymore either. Her insurance company is still around. You'll be collecting from them. When you do retain an attorney, they will be able to properly evaluate your injuries and loss of income and come up with a proper settlement amount. You are not trained to do this and could be selling yourself short on this. And I am sure the little old lady's insurance adjuster would be happy to help you sell you short on your case as well.
  • Jun 27, 2008, 04:35 AM
    JudyKayTee
    Quote:
    Originally Posted by froggy7
    Who are you going to sue, is my question. If this is a little old lady who had a stroke, you may never see a penny of any settlement.


    I think when people talk about suing the other driver they actually mean make a claim against the insurance company - and the only way to get to the insurance company (if they can't reach a settlement figure) is to sue the other driver. Plaintiff sues the Defendant, Defendant's insurance takes over.

    That's why you have insurance - to avoid personal liability.

    • All times are GMT -7. The time now is 10:08 AM.