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lawyer.. please help





Srs2388
I need some help or advice from someone who knows something about laws and such.
I was in a wreck awhile ago. The dr. told me i'd never work again.
told me to get on disability.
Here is where i am in dire need of help.
the insurance company said the max is $50,000... ok. I have about $30,000 in doctor bills and im not done yet. I still have at least one more MRI and at least 2 more appointments.
so the lawyer at the law firm said they take 34-40% of what you get from using them.
so she did the math and that would MAYBE leave me with 1-2 thousand left for pain and suffering. that's not even counting the next MRI.. not counting medicine. not counting the other appointments. not counting the surgery they want to do.
so I wouldn't have anything left.
this doesn't seem right Sad Sad
please someone tell me what to do.
Srs2388
is that normal to take up to 40% of what I get?
MaxStirner
You might want to google your question, there are many sites offering free advice, no doubt some are (sponsored by) firms specializing in injury law. How accurate the 30% to 40% take for the lawyer is I can't really say, but I've often heard that a third of the sum is not unethical. What I don't quite understand is your math which leaves you just a few grand? If the insurance company is offering 50.000 (which I would assume is an offer you could accept without costly legal advice), then what you are considering is suing for higher damages. Considering that about 80.000 awarded damages would still leave you with the original 50g (after paying the lawyer), the only question is: do you have a case? I'd simply walk into the offices of a few lawyers specializing in personal injuries and see what they say. Perhaps a good lawyer could settle the claim quickly and still leave you with more than you were originally offered.
http://injury-law.freeadvice.com/
http://attorneypages.com/
Srs2388
Thanks.. it would and when i finish the MRI i might have 1G left.
and the surgery... i'll have it down into the negatives meaning i'll have to pay some out of my pocket. Sad
its unethical to take so much... my g/f's father said he has a lawyer just found out he takes 20% MAYBE. I hope so...
edit. thanks for the reply.
I wont sue for more i REALLY wouldn't sue my friends family.
but the insurance has it on paper the maximum id get would be that 50G that is to pay the dr. bills and whatever is left is for the pain and sufeering.
and im not even almost done with the dr. yet. i still have MRI's to go. surgery and everything.
so i'll be lucky to get any money at all.
I was told it would be best to fight it myself b/c the lawyers charge sooo much.
so i'd have to get an itemized bill (spelling).. i was in the hospital for a whole week after the wreck though. that is a HUGE bill.
MaxStirner
Srs2388 wrote:
... its unethical to take so much...

Yes and No. I've had my share of experiences with lawyers and most were negative (even with the ones I hired) so I certainly tend to agree with you that 40% is closing in on "unethical" but I also recognize that going up against an insurance company in court is nothing that can be done on a shoe-string budget unless it's an open and shut case "a la John Grisham" so I would at least give the lawyer the benefit of a doubt until I find out how much of an investment needs to be made (and what the chances at success are).

Lawyer-joke:
"A man steps into an elevator and as the doors close he recognizes the other passengers: Idi Amin, Saddam Hussein and a lawyer. The man realizes he has a hand gun but only two bullets left ... so he shoots the lawyer ... twice."
Srs2388
lmao. that's funny.
i just wish they would take less so i could have something to show for the pain and suffering. there isn't any money worth goin through that again.
but I do understand they have to make a living they had to pass the bar exam and everything.
I try to look at it both ways.
but it's hard. I'll make it though.
MaxStirner
In any case, I wish you the very best!

Rudy Baylor in John Grisham's 'The Rainmaker' wrote:
"How do you know when a lawyer is lying? His lips are moving. "
"What's the difference between a lawyer and a hooker? A hooker'll stop scr*wing you when you're dead. "
"Sworn in by a fool and vouched for by a scoundrel. I'm a lawyer at last."
j_f_k
I feel really sorry for you - that's a bad deal.

My first question is was the accident your fault, if not can you identify the person at fault.

If the accident was your fault, then I'm afraid your stuck. No doubt in the fine print of hte insurance contract is a limit on payment for personal injury (50,000 is awfully little for personal disability - I would assume the insurance policy was awfully cheap most probably for that reason). So no good suing the insurance company no matter what any lawyer will tell you.

If it the second case, you can most certainly sue the individual responsible (for the balance above 50,000 if it is their insurance policy that has the small limit problem).

Although you may put a very high figure on your suffering and the appropriate compensattion (and the final amount will be very unpredictable), I don't know enough law but I suspect tht a driver at fault may not automatically be liable for such a large amount - t'm thinking if their driving wasn't grossly negligent (eg driving wihthin the speed limit and hitting black ice, losing control and slamming into a tree) or that you're injuries were unluckily (eg whiplash from a low speed rear ender that developed problems etc).


You should make sure the individual has assets. I've been through this myself (not personal injury but litigation in general) and its amazing how the defendant in a libel case can so quickly become 'so poor' (while their spouse, or brother or sister suddenly become 'so rich'. Make sure whichever lawyer you choose is aware of this nd aware of the concent of non-arms length asset transfers - a litmus test of a good lawyer will be that they at least bring up this point or at least know about it and have answers .

Do NOT go for no win no fee lawyer under any curcimstances. What's not in the fine print is that if you lose, you may be liable for the other sides legal costs and court costs, which in a case like this will run into 6 figures. DEspite their claims they will NOT get you higher compensation than you would have received had you gone to a regular lawyer. Also if they smell a whiff of not winning, they will drop you like a hot potato and not return calls, etc so make damn sure you have a case - a good lawyer will be able to advise this - probably for a small nominal fee.

40% for a fee sounds exorbitant, especially if you're really badly injured and the potential compensation is high, I assume this ia NWNF arrangement. However the problem, is that they take on a risk as the actual cost of their time is time and materials and you just can't predict how long these things take - so this margin has a risk factor built in. This is where going to a lawyer that isn't NWNF is problematic as they won't be able to give you a definate cost figure. However if you win you do usually get it back - however obviously you've still got to pay them - and of course you may get back nothing from the other guy if they go bankrupt etc etc
Srs2388
oh I wasn't driving or anything... i was just a passenger.
I was told by the lawyer there that seen as how it's 50g's that with their fee and all the bills i should just take the case myself. I'm going to visit another lawyer and see what they tell me. If it's the same thing I will try it myself. IF they try to give me less than the 50 or try to give me nothing.
Ill just have to take it to the lawyer.
I also found out something else just now.
if my dad has something like under insured or something like that.
they will pay all the dr. bills (my dads insurance had nothing to do with this)
if that happens I could get ALL the 50 for the suffering.
but I am not getting my hopes up for that.
thanks for the reply.
Aless
Is there some sort of free legal aid where you live? I know a lot depends on the country/state for that sort of thing. In any case, there's usually at least free hotlines to call for advice. Try Googling for them. A lot of civil liability lawyers work on a 'no win, no fee' basis.
Srs2388
I've looked and couldn't find a free legal advice place or anything like that anywhere =[
any advice on taking this myself?
like what should I do?
Srs2388
xixilee wrote:
o,my gold, i think in here so advisting!

what is this supposed to mean?
I got the hospital getting the itemized bill for me... I will then send this to the insurance company.. dad is contacting his insurance company to see of they have the underinsured policy.
God i hope this works Confused
friuser
If you ask your local aba they should be able to refer you to pro bono lawyers in your area. I'm not sure if you case will apply specifically but it won't hurt to ask. Chances are good if you are in any public assistance or even your social worker at your hospital can help you locating help. This should be all available where you are receiving care as they deal with these issues every day.
Josso
That's really bad, I feel sorry for you. This is one of the times where I really feel glad to live in the UK, $30,000 in doctors bills?!?! That's like 15,000ish
blackheart
Josso wrote:
That's really bad, I feel sorry for you. This is one of the times where I really feel glad to live in the UK, $30,000 in doctors bills?!?! That's like 15,000ish


Similar surgery, MRI's, etcetera in the UK would still - probably - be pretty expensive. This wouldn't be run of the mill treatment we're talking about.
Srs2388
it is Sad it sucks guys.
and my medicine the generic company is getting sued for making oxycodone 40's.
because the oxycontin company didn't give premission. so the can't make it anymore.
so now the price will at least triple. so it could be around 800$ for one little bottle of oxycontin.
I went to get a simple job today the only thing I could do.
Be a substitute teacher.. well. that didn't work the woman up there was so grumpy about it.
she was all "nope. you can't be a substitute right now you waited too late.. now you could come back in a year."
When i get my itemized bill.. I'll post how much it is. It will be at least $30,000.00 that isn't counting the medicine.
I have had Soma,Norco,oxycontin. all of it is expensive.
the norco's are. 10/325.. i take 2 every four hours. so it doesn't last long.
These people at the disability place denied me the doctor told me i'd never work again.
so... i don't see how i wouldn't need it.
all these expenses I do need the insurance from it at least.
I hope something goes right for me so I can pay some of it already.
Thanks for the replies.
should I include the medicine when I show the lawyer?
blackheart
Srs2388 wrote:

should I include the medicine when I show the lawyer?


You should show your lawyer everything. The good and the bad, the big and the small. They'll know which things to take on board, and might see something you yourself might consider trivial.. or even find a positive in something you may believe is negative.

=> Jess
Srs2388
Thanks Jess... I wasn't sure if they would want me to include stuff like medication though.
Seen as how it's so high now I thought I should.
I wasn't sure though.
Srs2388
help Sad
what can I do now?
I had a MRI scheduled for tomorrow and they called and said they wont do it unless I come up with the whole bill up front.... so now I can't have that done. so now the doctor can't do the surgery which will make me better Sad
it will just get worse and worse and i'll hurt more and more Sad
is there ANYTHING I can do to speed things up?
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