Ask Me Help Desk - Is Personal Injury Lawyer Worth It If Hit By Drunk Driver-Her Ins Accepted Liability?

THANK YOU FOR READING THIS!

I have been researching literally all day and trying to determine if getting a personal injury lawyer is actually worth the fees or not and I'm still not sure and getting more and more frustrated and desperate!

(I also still need to go to a doctor somewhere asap but don't know who's best and most worth it to see and how to find them but I'm going tomorrow somewhere somehow. Should it be a regular doctor first, and then hopefully an orthopedic specialist or something, or can I just forego the cost of the first general doctor and go straight to a more specific doctor? I do not have a regular doctor nor health insurance so this sucks. It should be covered in the settlement but in the meantime it's uncertain how I'll finance it. That's a whole other problem. Sigh.)

Here are the overall details of this case:

Myself and two friends were REAR-ENDED BY A DRUNK DRIVER very early Saturday morning. There were actually police officers already at the scene that witnessed the accident. There was essentially no traffic except a car in the middle of the road that two police officers had stopped at what appeared to be some sort of completely random checkpoint or something. ((The only warning signs or indication of this stop/checkpoint, by the way, were literally just the two cops and the car it had stopped, along with their police car parked in center turning/divider lane. They had the car stopped in the leftmost lane on a road with a 35 mph speed limit, not at an intersection or anywhere significant, just randomly in this long stretch of road. If you ask me, this checkpoint also seems suspect and almost odd enough to even play some role in contributing to the accident.))

I was driving and we'd stopped behind the single car the police had their flashlights pointed in. They had just let the car in front of us proceed and it started driving away and they moved on to us, starting to point their flashlight in our direction, when all of a sudden they start shouting "whoah whoahh whoahhh" and I hear a split second of haunting sound of a fast moving car and we are slammed into by this lady! She probably didn't slow down whatsoever as there were no breaking or screeching tire sounds or skid marks. It was crazy and horrible. Apparently the officers were quick enough to make it out of the way of both our vehicle being pushed forward and hers hitting us.

Anyway, I'm sorry this is getting way too long! Longer story short... the police took an accident report. The lady that hit us was arrested for DUI. The three of us all have neck and back pain, among other smaller things. I have multiple pictures of the accident scene, including the damage to my vehicle and hers. Both are all but certainly totaled. Thankfully she was insured and HER INSURANCE COMPANY HAS ACCEPTED LIABILITY. I have the police report number and essentially what should be at least two witnesses who happen to be the police officers who took the report. There really is no question that she is completely at fault.

What would really be the worthwhile benefit of hiring a personal injury lawyer and having to pay them such a high percentage of our settlement? Isn't the lawyer contingency fee usually around 33%? None of us plan on having loss of wages and have not yet at this point. Basically, it seems to maybe come down to whether a personal injury lawyer could really get us 33% or more compensation for pain and suffering? Do liable insurance companies usually include and compensation for future medical care in their settlement offers? How would punitive damages factor into this situation, if at all? I really don't want to go after her personally and ruin her more than she's already ruined herself. I absolutely do want, however, to be provided the quality complete medical care I, and we, deserve to be made fully 'whole' again. It'd be terrible to only get some medical care making it inadequate and having these injuries come up again in my life after we've already settled. I just struggle to see how much added value a lawyer could really bring to the table in order to justify paying around 1/3 of our settlement to him/her. So, please help by sharing your experience, knowledge or expertise or even any thoughts at all! :)

IS IT REALLY WORTH IT TO GET A PERSONAL INJURY LAWYER FOR THIS CASE??

THANK YOU SO MUCH for any and all responses and your time for reading this! I really do appreciate it!!

Her insurance may offer you a settlement. Of course, if you have a lawyer who knows what kind of settlement you are entitled too and is someone who can speak for you and is good at it, his/her services are worth the fee. It is protection for you and friends for current and future medical costs associated with your injuries. Good luck

While the other driver's insurance may have accepted liability, that doesn't mean they're going to offer you a fair settlement. Remember, they're representing her and themselves - not you.

See what type of settlement they offer. If it covers all of your expenses - odds are it won't - then accept it. Otherwise, you may want to hire an attorney.

I worked for personal injury attorneys for many years in Florida and Ohio. Having neck and back injuries you can have all sorts of problems down the line that are not evident now. What happens if you settle and still have medical problems from this accident in a few months? You'll get stuck paying them yourself.

And yes, personal injury attorneys fees do seem a tad high but consider this - they are the ones coordinating your medical payments to your doctors and/or therapists or rehab professionals. They make sure every medical provider is paid when it comes time to settle your claim. The same with your automobile repairs. They can charge 33% if there is no trial. If the matter goes to trial the fee is usually 40%. Plus the attorney takes your case on a contingency basis meaning they do not require any up front money from you (very important when dealing with insurance companies by the way).

This8384 did bring up the topic of the other driver's insurance company not paying you much money. Insurance companies are notorious for not paying the full settlement of a matter if they can get away with much less. Attorneys generally know what the value of injuries are. They are trained in this sort of thing and have had many years dealing with insurance companies over these types of matters. Do you have years of this type of training? Better leave it to the professionals and not try and do this yourself.

Also, some personal injury attorneys have access to what specialists will accept a contingency pay out for their services. You could get to see a specialist (if that is what you need for your injuries) much faster through a personal injury attorney's office versus you calling on your own behalf.

Don't sell yourself short.

Also, why are you so worried about a drunk out driving around in a vehicle capable of killing or injuring other people? She obviously didn't care about you and your friends that day.

Quote:

Originally Posted by skittles2055

Is Personal Injury Lawyer Worth It If Hit By Drunk Driver-Her Ins Accepted Liability?

Hello s:

The RIGHT one would be worth it. The WRONG one wouldn't. Shop wisely.

excon

You should at least consult with a personal injury attorney. Has the insurance company actually made you a concrete settlement offer? Meaning a specific $$ amount? If so, take it to a lawyer, give him/her all the relevant info about your case and flat-out say "The insurance co. offered me $_______ ; is this a fair offer?" I'm willing to bet that a good, crafty personal injury attorney could probably get you more than the insurance company's initial offer.

Quote:

Originally Posted by s_cianci

You should at least consult with a personal injury attorney. Has the insurance company actually made you a concrete settlement offer? Meaning a specific $$ amount? If so, take it to a lawyer, give him/her all the relevant info about your case and flat-out say "The insurance co. offered me $_______ ; is this a fair offer?" I'm willing to bet that a good, crafty personal injury attorney could probably get you more than the insurance company's initial offer.

You don't need anyone who is "crafty" ("marked by skill in deception") - you need someone who know the law.

This suggestion is (once again) insulting to everyone in the legal profession.

Quote:

Originally Posted by JudyKayTee

You don't need anyone who is "crafty" ("marked by skill in deception") - you need someone who know the law.

This suggestion is (once again) insulting to everyone in the legal profession.

You read it that way too, huh?

If you were severely injured I would certainly consider hiring a personal injury attorney. You need to remember the insurance company that is trying to settle this case will always try settling for less. If you decide to handle the case on your own, always keep that in the back of your head.

Quote:

Originally Posted by BendingJess

If you were severely injured I would certainly consider hiring a personal injury attorney. You need to remember the insurance company that is trying to settle this case will always try settling for less. If you decide to handle the case on your own, always keep that in the back of your head.

This thread is nearly 2 years old. While your willingness to help is admirable, you've basically repeated what was stated at the time the question was posed. By posting on an old thread, you've brought it to the top of the forum. Please try to stick to newer questions in the future.

Hello Jess:

Welcome to the board.

Uhh, some of these posts are pretty old... We can use you on the present ones, though.

excon

Quote:

Originally Posted by excon

Hello Jess:

Welcome to the board.

Uhh, some of these posts are pretty old... We can use you on the present ones, though.

excon

I'll try to dream up some new ones for you Exie!

As long as BendingJess brought this old thread up;

A contingent fee arrangement is not the only way one can get an attorney to review a contingent fee settlement. You always have the option to pay by the hour.

If someone such as OP gets a settlement offer from an insurance company, it would make sense to run it buy an attorney with this question: For a 1/3 share, can you get me more than 133% of this offer?