is that normal to take up to 40% of what I get?
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.
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
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.
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.
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?
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.
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
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.