She made a left turn into me and her insurance accepted liability. Her insurance paid me for my car, but it was for much less than we'd hoped (it was an older Audi with no lien). As of now all my treatment is self pay/health insurance (which will be subrogated). Should I expect compensation for more than just my out of pocket? How much should I expect? I have rec'd NUMEROUS lawyer solicitations, but wonder if it's necessary to get a lawyer or if I can wait?
I'm sorry to hear about your accident. I believe it is important that you hire an attorney. The insurance adjusters are trained to pay as little on claims as possible. They love it when a car wreck victim doesn't have an attorney. A good personal injury attorney can help you maximize case value and can help you deal with all of the issues, like subrogation and claims for pain and suffering, which you are entitled to under NM law.
There are literally dozens upon dozens of variables, if not more, that go into a settlement figure for injuries. Medical bills, past and future, lost wages, past and future, pain and suffering, diminution of quality of life, the list goes on and on. You will not get as much for your injuries representing yourself, it is simply too complex if you don't know what you are doing. Even procuring a causation letter and PPD at MMI from your treater can be a minefield if not done right. Yes, get a lawyer.
I would retain a personal injury attorney in your area. Whether you choose to use someone who solicits you is your business. Getting a referral's are another source. Yes, you are entitled to pain and suffering, past and future medical bills, etc. That is why it is best to hire an experienced personal injury attorney. You also do not have to deal with the insurance company once you retain counsel.
I would definitely recommend getting an attorney. If you do not, you cannot be sure your interests will be fully protected as there is a lot involved and the insurance carrier will unlikely make you a minimal offer, without an attorney. I would not, however, recommend an attorney's office that has actively solicited you. I would your own research to find an attorney you like and trust.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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