Honda CBR 600RR Forum banner

1 - 20 of 20 Posts

·
Registered
Joined
·
390 Posts
Discussion Starter #1
well, i got in an accident, which shouldn't be my fault, as someone coming towards me in the other lane failed to yield to my right away, and took a left in front of me .. anyways ...

i need some advice on what to do. alot of people i talked to said to get a lawyer asap, while a friend of mine who had a $30k settlement for a car wreck said not to, cause you'll lose up to 50% of the settlement. she said to call up several lawyers for a free consultation and see how much i should be entitled to, and write everything down. then talk to the other persons insurance, and see what they offer. If they offer (for example) $15k when the lawyers said you should get $45k, then tell them what the lawyers said, and say you wont settle for it. If they wont agree, and wont give enough, THEN get a lawyer.

OR, should i get a lawyer now, and let them handle everything? I'm not trying to be greedy, but i know my claim is worth a substantial amount of money, and i was the one in the hospital, not the lawyer. So any advice? And a litte more background on my situtation (also, check out that link)

-a truck failed to yield to my right away, i tboned it
- i have a broken ankle with metal plates and screws
- a closed head injury and severe concusion
- road rash
- missing flesh on my hip
- ruined riding jacket, jeans, shirt, and helmet .. valued at $600
-can't walk for 2 months
- can't WORK for 2 months, no income
- withdrew from college
- totalled bike

and here's what i'd sue for

medical bills
pain/suffering
loss of income
bike/gear

and i'm sure i'm missing something. i'm sorry this is really unorganized, i'm drugged up on percosets.

but please any advice is appreciated ... i dont know what to do. sorry its so long.
 

·
Resident Leg-Humper Females Beware
Joined
·
6,874 Posts
hire a lawyer. an insurance company is not going to just offer you $15k. they'll fix the bike, pay med bills and maybe give you a grand or two and tell you to piss off otherwise.

with any injuries requiring hospital time, you for damn sure need an attorney. there shouldn't be any second guessing this.
 

·
Registered
Joined
·
1,182 Posts
Go with the lawyer...
It's going to bite to lose 50%, however, it'd bite a lot more to lose 100%
 

·
Registered
Joined
·
725 Posts
get the lawyer. Include attorney fees in your settlement. That means they have to
tack on to your settlement anything your lawyer will get. Make an agreement with
your layer for a lump sum payment, not a percentage of the award. Work a deal with
the lawyer.
 

·
Registered
Joined
·
465 Posts
BlueBlur said:
hire a lawyer. an insurance company is not going to just offer you $15k. they'll fix the bike, pay med bills and maybe give you a grand or two and tell you to piss off otherwise.

with any injuries requiring hospital time, you for damn sure need an attorney. there shouldn't be any second guessing this.
+1
Several years ago I had a guy hit me. Decided I did not need a Lawyer as the other insurance company was going to pay for repairs & medical. As for anything else.......they kept stalling (why not it cost them nothing) and I went through numerous “we have a new claims adjuster working on this........what is your name again, we need all the information again, etc.” phone calls.

Lawyers are a fact of life these days and with out them you can forget about “sharing” the awarded moneys.......cause you “ain’t gonna get squat”.

It sucks.............
 

·
Registered
Joined
·
196 Posts
50% sounds way too high. Most personal injury lawyers charge 30% of what you win, not more. It's worth it to get a lawyer.
 

·
Registered
Joined
·
390 Posts
Discussion Starter #9
fanatiCBR said:
get the lawyer. Include attorney fees in your settlement. That means they have to
tack on to your settlement anything your lawyer will get. Make an agreement with
your layer for a lump sum payment, not a percentage of the award. Work a deal with
the lawyer.
hmm .. these sound interesting. but can you explain them a little better? sorry, i'm drugged up and the concusion makes things harder to understand than usual lol .. but do lawyers go for that, where they get a figure before hand, rather than a percentage? and will the insurance company pay my legal fees, outside of my personal settlement, of what i get?
 

·
Registered
Joined
·
617 Posts
My wife & kids were in a wreck in her Explorer a few years ago. An elderly man in an older Maxima ran a red light (totally his fault), hit her just in front of her front passenger side wheel which caused her to spin around and roll over. Here's some pics of her Explorer:

http://home.austin.rr.com/dbrandt7/DCP_0465c.jpg
http://home.austin.rr.com/dbrandt7/DCP_0467c.jpg

Our kids were fine (both secure in child seats) but my wife ended up with a fractured wrist, torn meniscus in her knee, a herniated disc in her neck, and lots of bruises. We briefly debated about hiring a lawyer and ended up hiring one because we decided that we needed someone to work for us to make sure we got fair compensation and not get screwed. His fee was 1/3 of whatever settlement was reached. We're glad we hired him because we ended up getting a decent settlement. We didn't win the lottery or anything like that but we were able to pay off all of our debt and our kid's future college educations are now paid for ( through a prepaid tuition program).

Since the settlement we've sometimes felt guilty like we scammed the system or something but that thought usually doesn't last long. Although my wife went through a lot of physical therapy (mainly for her neck & knee) she is still in some pain most of the time and probably will be for the rest of her life. Her doctors told her this and they were correct. Most mornings she wakes up with her neck being sore and it is easily aggrivated if she stresses it too much like lifting something heavy. She also gets a lot of headaches because of it. While her pain isn't totally incapacitating, it is a constant reminder that she was injured.

Your injuries don't sound very minor to me. Ask yourself what price would you accept to go through life constantly in some sort of pain. Do yourself a favor and hire a lawyer before you speak to anyone from the other guy's insurance. Anything you say to them can and will be used against you and they will do anything they can to pay you as little money as possible. While most of us hate ambulance chasing lawyers (like you see on TV), they are necessary sometimes to ensure you receive fair compensation for your losses.
 

·
Registered
Joined
·
74 Posts
Odie, I'm in the process of studying for the bar (just finished law school), and getting a lawyer is the smartest thing to do in your situation. Insurance Co.'s are not in the business of looking out for you, but your lawyer will. Many times, the fact that you have a lawyer will prod the ins. co. to move along much faster.

Regarding the "50% Fee," that's unreasonable, and can easily be thrown out if you challenge it. That's simply unheard of, and you should tell that lawyer to kiss your a**. Most plaintiff's lawyers (one's bringing suit) take cases on a contingency fee basis meaning that they get a percentage of your recovery. Those percentages for settlement or trial generally do not exceed 33%, but remember that's negotiable.

Regarding the "lump sum" amount, I've never heard of this before since lawyers work either on an hourly basis or contingency fee basis. And if you were to go to the hourly basis, chances are that you won't be able to afford the hourly rate. The average hourly rate in TX for a first year associate is around $125/hr.

And, if you agree on a lump sum, (if it's even possible), you'd lose in two scenarios:
1) if you receive a low settlement, this will be offset by that fixed lump sum meaning that could eat up all of your recovery, or
2) if you were not able to obtain a recovery, then you still have to pay that lump sum.

The beauty of the contingency fee arrangement (33% etc.) is that the lawyer's pay will fluctuate along with the amount of your recovery. So if you were to recover a low amount, he still gets 33% vs. recovering that lump sum that you had negotiated for. And, if you were not to recover anything whatsoever, because the attorney's fees are contingent on your recovery, that means you won't have to pay if you don't recover except for minor costs.

Hope this helps.
 

·
Registered
Joined
·
263 Posts
Insurance companies lick it. Plain and simple. They are money sucking vampires. Lawyer up. I dont like laywers. but I like getting raped by insurance companies even less.
 

·
Registered
Joined
·
80 Posts
I'm a lawyer so I'll throw in my 2 cents. First of all, no lawyer who knows what he is doing or who is honest with the client will tell you up front how much you will get. A lot depends on the the insurance company and your ultimate prognosis. So this idea that you can get the settlement fiigure up front is not reality.

Second, insurance companies are in the business of collecting money, not paying it. In an injury situation very rarely will they offer anything close to what your claim is worth.

Get yourself a good PI lawyer and pay the fee (usually 33% before suit; 40% after suit). You will end up with much more in your pocket. Besides, you don't go to a restaurant expecting to eat without paying. Why should a lawyer's office be any different?

Like someone said, you are getting some compensation, but you didn't win the lottery. Get some money and be glad this is not a million dollar case. Those cases involve injuries that no money is worth.

Ride Safe.
 

·
Superbike racer
Joined
·
6,177 Posts
get a lawyer. don't be a greedy ******* either. get the bike and bills paid and a few bucks. i know a guy that was offered 1million to settle out of court and his douche bag attorney talked him into NOT settling and going to court. once he went to court he lost his case and walked out with NOTHING!!!!
 

·
Registered
Joined
·
390 Posts
Discussion Starter #17
i'm not trying to be greedy, but i know the money is there, and like most people, i'd like to be able to get the most. i am a victim, i nearly died. i have to spend the next 2 months of my life drugged up and laying a bed. i didn't spill hot coffee in my crotch or find a finger in my chili in an attempt to strike it rich, i struck the side of a truck head first, when they couldn't remember that i had the right away.

i'm not trying to be rude, i just dont want people to think i'm trying to be greedy. I'm not, and even if i was, money talks and gets to the best of us. i just know this is money is deserve, and would like to keep as much as possible.

anyways, thanks for all the responses.
 

·
Registered
Joined
·
2,057 Posts
Most lawyers only take 33 1/3% if they take more find a differnet lawyer. You will want a lawyer because they can and will get you more money than you would by yourself. It does suck to lose the money, but how much are you gaining? Plus lawyers can help with lowering medical bills also.
 

·
Superbike racer
Joined
·
6,177 Posts
i'm not trying to be greedy, but i know the money is there, and like most people, i'd like to be able to get the most. i am a victim, i nearly died. i have to spend the next 2 months of my life drugged up and laying a bed. i didn't spill hot coffee in my crotch or find a finger in my chili in an attempt to strike it rich, i struck the side of a truck head first, when they couldn't remember that i had the right away.

i'm not trying to be rude, i just dont want people to think i'm trying to be greedy. I'm not, and even if i was, money talks and gets to the best of us. i just know this is money is deserve, and would like to keep as much as possible.

anyways, thanks for all the responses.
i am not saying you are being greedy. if it is legit get what you can. my only point is a know a dude that was offered 1 million and his greedy lawyer said we can get more....he ended up with nothing......
 

·
Registered
Joined
·
369 Posts
lawyer up

if you've ever dealt with a claims adjuster before, you know that insurance companies are out to f*ck you. they have no concience. they will do anything they can to get out of paying you. (that includes blaming the accident on you!) shop around, but GET a lawyer. you will be much better off.
 
1 - 20 of 20 Posts
Top