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Car accident- litigation/settlement

Las Vegas, NV |

2 years ago I was t boned by a commercial truck. My sister and my kids were with me. Everyone was hurt, my sister and the kids have settled but I have to file for litigation this week. My attorney seems to be dropping the ball every time I turn around. I know my medical bills are about 100k (and I am not even fixed) my attorney will not even give me a ballpark of what I may receive. My questions are:

Do insurance companies ever settle after filing for lit, but before going to court and if so how long will it take?

Is it possible to change attorneys this far into the case? And if so will I end up paying more in fees than if I stay with them?

Can I ask they pay for future rhizotomies?

The Attorney had my husband – who was not with us- file a paper (loss of contortion I think it is called) and the reason they gave us for it is very reasonable, he did/ and is still having to deal with so much because of the accident… BUT is it worth the other side digging into our private life?

Attorney Answers 7


  1. Best answer

    Companies settle all the time prior to trial. Settlement prior to trial can take Anywhere from 1-6 years after you stop treatment. The hope is that it is sooner than later. You can switch attorneys anytime you want and depending what the attorney has done he can assert a lien for his costs and some fees. If you are not getting the service you deserve you should hire another attorney. My number is 702-888-2222 call me if you like of if you have anymore questions.


  2. Insurance companies settle all of the time. In fact, often they settle for more after litigation has actually been filed.

    You can change attorneys anytime, and if you're not getting questions answered to your satisfaction you should! As far as fees, there is usually a fee sharing split worked out between the new attorney and the old one. Jt rarely costs you more, but you want to address this with the new attorney at the outset.

    As to future needs and loss of consortium, those are far too complicated issues to address in a forum like this. They really depend your an in depth analysis of your personal situation.

    Do not make a decision that could impact your income on a quick internet question, and quick answer. You should fully discuss with an attorney before proceeding.


  3. It sounds as if you have a significant case. You should have an honest conversation with your lawyer and ask him these questions. He may not give you an answer to the "how much is it worth" question... because there are many factors involved and some may not even be known yet. Yes, insurance companies often settle after suit is filed and prior to trial... but not always. You can almost always change lawyers... but the question is should you. Again, have a conversation with your lawyer before making the decision.

    This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.


  4. It is always your right to change lawyers, but in order that you not pay extra you need to get your new attorney to agree in writing with you that any claim of the former lawyer will be paid out of the contingent fee you enter into with the new lawyer. Anything less than this written promise sets you up for the possibility of paying double or partially double attorney fees.

    Most cases in which suit is filed are actually settled before trial.

    Their are pros and cons with having the non-injured spouse file a loss of consortium claim. The pro is that the two of you may end up with slightly more money. The two main cons are:

    1) As you point out your marital relationship becomes a focus of inquiry, and

    2) If there is a divorce before settlement, things get messy.


  5. You can change attorneys any time you want. It would be contrary to the Rules of Professional Conduct for any attorney to draft an agreement or behave in a manner that prevented that. However, your new attorney will need to negotiate with this attorney and split fees...your total attorney fees would not change.

    Insurance companies settle after filing suit all the time. Trials are relatively rare.

    The value of your case really depends on many factors, not least of which is the total amount of insurance money available. But assuming liability is not at issue, a case should be worth at least the reasonable value of reasonably necessary medical treatment. Additional damages, such as lost wages, can also be available. Other damages such as pain and suffering are much more of a moving target and can vary greatly from case to case.

    One final note. You said "2 years ago." If that is true, your statute of limitations is possibly about to expire. You need to get on top of this and if you are going to change attorneys, do it stat.

    I can speak with you on the phone if you would like to discuss this more privately.


  6. In Nevada, statute of limitations to settle before filing is 2 years. If it has not settled, then your attorney needs to file or forever be barred from your case (assuming there are no issues such as minors). I think there are some difficulties in changing attorneys this far into a case. However, you can if you are not happy with your attorney. My suggestion is to request a meeting with your attorney. Discuss your concerns. Make sure you case is being addressed properly. Issues to discuss are: policy limit issues (especially with your high medical expenses) and also the need to litigate (since you said its been about 2 years). Regarding settling, insurance companies always attempt to settle. Thus, they will try to settle before litigation and after, before trial and after, etc. However, the question really is one of whether the offer presented is fair to you. That is another issue for your to discuss with your attorney.

    The answer above is only based upon the limited information provided. Once again, the answer is limited and my review is likewise limited.


  7. Yes, more then likly.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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