Wife was in an auto accident. Other party's fault. Need HELP with claim!!!

Asked almost 2 years ago - Arvada, CO

The party at fault's insurance company promptly admitted fault and we started the claim process. However, there has been one complication after another. Their body shop caused even more damage to the vehicle while doing an estimate. She was injured and had to go to several medical and physical therapy appointments throughout the week. Because she missed work in order to go to those appointments last week, she just found out today that she was fired from her job. We need some good help with this claim and fast!

Attorney answers (8)

  1. Chad William Johnson

    Contributor Level 8

    11

    Lawyers agree

    Answered . There are many personal injury firms out there that are eager to help and that offer free consultations, including the firm I work for.

    This answer is for informational purposes only, is not legal advice regarding your question, and does not... more
  2. John H Barrett

    Contributor Level 13

    10

    Lawyers agree

    Answered . Your wife is entitled to receive compensation for her vehicle damage, medical bills , lost wages and pain and. suffering. The at fault insurance company will usually settle the property damage claim fairly quickly. It sounds like that is in process. The personal injury claim will take longer. They will not pay any bills or otherwise compensate her until a final settlement is made. That requires waiting until she is at maximum medical improvement from her injuries. Her insurance company may pay some of the medical bills if she has med-pay coverage. Feel free to call if you would like to discuss this further.

    John H. Barrett 728 Pearl St. Boulder Co. 80302 303-443-6924
  3. Stephen Clark Harkess

    Contributor Level 20

    8

    Lawyers agree

    Answered . You need to contact a personal injury attorney to meet with you and discuss your claim. Most personal injury work is handled on a contingency basis and many offices offer a free consultation.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  4. Jerry Ray Bowman II

    Contributor Level 4

    6

    Lawyers agree

    1

    Answered . Your wife is entitled to receive compensation for her vehicle damage, medical bills , lost wages and pain and suffering. The first step is obviously making sure she gets better. Once she is better, you both can focus on settling. Check to see if her policy has medical payments coverage. This will help pay some of the looming medical bills. At the end of the day, it is important to contact a competent personal injury attorney to help. Feel free to call if you have any questions.

  5. Alan James Brinkmeier

    Contributor Level 20

    8

    Lawyers agree

    Answered . She is getting the run around.

    Have her hire a lawyer to put an end to that. Settlement will go up when she uses a lawyer, studies show.

  6. Kevin Coluccio

    Contributor Level 20

    8

    Lawyers agree

    Answered . Hire a qualified personal injury attorney from local community.

  7. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . You should consult with a good Colorado personal injury attorney. Most attorneys will help with property damage issues for free when they are representing you on the injury portion of the claim.

    Good luck.

  8. Howard Robert Roitman

    Contributor Level 17

    3

    Lawyers agree

    Answered . A contingent fee (in the United States) or conditional fee (in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. In the law, it is defined as a "fee charged for a lawyer's services only if the lawsuit is successful or is favorably settled out of court.... Contingent fees are usually calculated as a percentage of the client's net recovery."[1]

    In the English legal system, it is generally referred to as no win no fee. A conditional fee agreement between a law firm and a client. The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, no payment is made.

    However, if the case is won, the lawyer will be entitled to the normal fee based on hourly billing, plus a success fee. The success fee in England must be as a percentage no greater than 100% of the normal fee. This contrasts with the contingency fee in the US, which gives the successful attorney a percentage of the damages awarded in favor of his client.

    This makes it easier for the poor to pursue their civil rights since otherwise, to sue someone for a tort, one must first be wealthy enough to pursue such litigation in the first place. However, because of the high risk, few attorneys will take cases on a contingency basis unless they feel the case has good merit.

    According to a 2004 book by law professor Herbert Kritzer, contingent fees were allowed as of that year in the following countries: Australia, Brazil, Canada, the Dominican Republic, France, Greece, Ireland, Japan, New Zealand, the United Kingdom and the United States.[2] They are also allowed in personal injury actions in Lithuania. Recently, they have been allowed in Belgium as well.





    Fee structure

    A client is not charged attorney fees if he loses the case. If the client recovers damages from settlement or a favorable verdict, the attorney receives the fee from the recovery. The attorney's permitted fee varies depending on the country, and even local jurisdictions.

    In the US, for example, the fee is generally based on the contractual agreement between the attorney and the party, but is also limited by local rules for "reasonableness". See e.g., Miss. Rule of Prof'l Conduct 1.5. In most jurisdictions, contingent fees are "reasonable" as high as 33% to 45% of recovery. Attorneys charging unreasonable fees may be subject to professional sanctions. The fee is calculated as a share of the eventual damage judgment or settlement won by the client. The percentage allowed is subject to the ethical rules of professional conduct, and in many circumstances, statutory limitations.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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