My injuries from the first accident had not recovered before the second accident occurred. I have exceeded my PIP ($35,000, mostly for diagnostic imaging and therapy) from the first claim and have about $4,000 in outstanding medical bills. I am ...
"Should I have a lawyer or can I effectively handle the settlements with the two insurance companies?"
You should probably consider hiring a lawyer. This assumes you were not at fault for the collision, and at least one of the parties involved (you and/or the other driver) carries adequate insurance. The process for presenting a claim is not rocket science - but it is full of traps for the unwary. And the reason people with lawyers can usually negotiate for a higher settlement figure than those without lawyers is that we know what the insurers are looking for, and we have the capacity to file a lawsuit if they don't offer enough in settlement. There are more reasons why it makes sense to hire a lawyer to help you, but those are probably the key reasons.
Does the other drivers' insurance companies cover my legal fees?
There are some special situations where that takes place, but it's rare, and it's unlikely in a situation like what you've described. Almost all lawyers that take on personal injury cases do so on a contingency, meaning they retain a percentage of what they recover for you. Most charge 1/3 if the case resolves before trial, and will likely charge a little more if your case must be tried to a judge or jury.
Hope we've answered your questions. Use the find a lawyer tool on the AVVO webpage to find a few lawyers in your area. Call at least two, and discuss your case with them. Go with the lawyer that strikes you as the best choice.
Good luck.See question
After visiting a Family Care doctor, i had a large bump on my groin inspected by a nurse. He diagnosed me with HPV without doing a biopsy, and I was prescribed Aldara for 16 weeks. The prescription was issued by a doctor that did not see me. I hav...
Suing a doctor for malpractice is very challenging. It takes a tremendous amount of time, money, and endurance. Juries, for the most part, trust doctors; they are more willing to overlook their mistakes, than they are to hold them accountable. This makes lawyers very wary of taking on a malpractice claim.
Use AVVO's find a lawyer tool, to find someone in your area to look over your case. Be prepared to speak to more than one, and be prepared to present all of the facts of what happened to you - dates, times, places, names, etc. Best of luck.See question
Gross offer from insurance company : $7,899,89 Less Attorneys fees: 33% : $2,633,30 Less Attorney discount : $571.61 Subtotal : $2,061,69 ------------------------>$5,838.20 Less surrogated Medicals: $5,5546,30 XX insnare paid ...
This is always a challenge to explain to clients, but it is your attorney's job to explain how those numbers work.
If your insurance company (PIP, health insurance, etc.) pays for your claim related medical treatment, it does so conditionally. The condition is, if you collect money from the party responsible for your injuries and it is considered "full compensation," then your insurance company gets reimbursed from the money that is collected from the at-fault insurer, less a discount for attorney's fees and costs.
This also happens if your insurance company pays for the repairs to your car. Your company pays initially, but since the other driver caused the damage, the other driver's insurance company pays yours back. The only difference with bodily injury settlements, is that a discount is applied due to attorney's fees and costs.
I would suggest you speak with your attorney, and have the attorney go over the numbers again.See question
I was in an accident with an uninsured motorist (His fault). My insurance company has said they won't pay for any further treatment and want to settle. If I settle and need further treatment can I use my regular health insurance for treatment?
It is possible that your personal health plan will cover your collision-related treatment. Given that you have UIM coverage, I suspect you also have PIP (Personal Injury Protection) coverage. PIP covers your collision-related medical treatment for three years after a collision has happened, up through your coverage limit (probably $10,000).
Not knowing when your collision took place makes it difficult to fully answer your question. I suggest contacting an attorney with experience handling auto collision claims to advise you further. Best of luck.See question
I was in a auto accident, however the other party didn't have insurance, I'm wondering what my option are. I believe they may be withholding information. I'm up to my hills in medical bills.
Agreed. You do need some help. Go to AVVO.com, click on the Find a Lawyer section, and search for an attorney in your area who does car accident cases. Speak to a few, and choose the one that meets your needs.
Good luck.See question
I don't work for that company any more. It was in a company car. Like I said its been 21 months I was on the job in a company vehicle. If he already worked with my companies insurance company, can he come back and sue me? I was sent a letter dated...
It is likely that your former company (or its insurance company) has retained an attorney to protect both you and your company. It would be unusual for you to be financially responsible for damages caused while in the job; the company is probably responsible. However, it would probably serve you well to speak with the person handling the injured person's claim to confirm that.See question
Intersection was 4 way, no signs. Person who hit me was on my right but I was 98% thru the intersection before she looked up from her phone and then ran into my rear R side bumper.
The first car to an uncontrolled intersection has the right of way. If two cars arrive at the same time, the car on the right has the right of way. If a car enters an intersection first, it is the "favored" driver and has established itself as having the right of way.
Insurance companies love uncontrolled intersection cases because it gives them room to try and deny that their insured was at fault. Don't fall for it. Talk to an attorney, explain your facts, and I think you will agree it was the right thing to do.
AVVO has an easy to use "find a lawyer" tool that you can use to find the lawyer you need. Good luck.See question
Negligent medical care by three physicians (ignored broken neck & torn artery linings; leading to 4.5 years silent-stroke, dementia, thalmic-central pain syndrome (brain damaging neuropathy), choreoathetosis, restless-leg syndrome, more than likel...
What you've shared here is a very complex legal question, that would require extensive legal analysis. In general, employers are responsible for the negligent acts of their employees when the employees were "on the job." In some very particular circumstances, the employees can be held liable separately, or in addition to the employer. That said, you should seriously consider whether you can do this without experienced legal help. Medical malpractice cases are difficult and require immense resources. Consider speaking with more than one medical malpractice lawyer before moving forward with your claim.See question
I was in a auto accident at 37 weeks pregnant. Damage was significant but I was able to drive the vehicle. Other driver admitted fault and Im going through his insurance to make my medical and car repair claims. His insurance wants to settle for $...
Early settlements without the benefit of having your circumstances evaluated by an experienced personal injury lawyer can produce tragic results.
Any claim for injury should not be considered until the injured person has had complete medical care and at least a consultation with a personal injury lawyer.
There are great ones here listed in AVVO. Use the Find a Lawyer search tool and call a few to get an idea of what you should do next.See question
Something happened during a routine eye surgery and I had to be returned to surgery after being sent to recovery room. I don't know what happened. They refuse to answer that question. My right eye is severely affected. Also a nerve on the ri...
Medical malpractice claims are challenging, as they require intense scrutiny and review. They are also complex, so having an attorney assist you with the claim is the best option. Anyone evaluating your claim will need access to all relevant medical records, as those records will form the basis of your damages and the determination of whether the doctor complied with the standard of care. AVVO has great lawyers in its listings. Use the find a lawyer tool to find a few that fit your needs and reach out to them to consider representation. Best of luck.See question