My girlfriend had an auto accident about two years ago. Her medical bills is $16,000, property damage is $2,500. She currently have an attorney and we have went to Mediation. Mercury is the other party insurance is only willing to settle the ca...
It could cost $8,000 easily, depending on how many different and exactly what types of treatment your girlfriend had. While the law varies from place to place, in general you cannot just present your medical bills in court. You must prove every dollar of medical bills was 1) medically necessary AND 2) related to the accident, AND 3) a reasonable charge for that particular medical service.
To prove the $16,000 your attorney will have to present expert medical opinions. Experts charge a lot, and they charge from the time they leave their office until they return.
The insurance companies will in almost every case hire an expert (or experts, if there were different types of treatment) to dispute a very big chunk of the $16,000 in medical bills. Your attorney will need to depose each expert. The other side's experts will be paid by YOU for the time in the deposition--again door-to-door. This is expensive.
Bear in mind that typically some or even all the $16,000 must be paid back out of the settlement or verdict.
If the other driver's insurance disputes who was at fault your attorney may need to hire an accident reconstructionist. These are engineers. They are expensive. If the other side hires one, your attorney will need to take their deposition. You get the idea.
A very common attorney fee is 1/3 of the settlement. It is not unusual for fee provisions to increase if the case is litigated, because there is more time and risk for the attorney. However, every fee must be reasonable, no matter the contract terms. There are many factors in a reasonable attorney fee. The attorney's time invested in the case; the attorney's experience, reputation, etc.; the result obtained; the novelty or difficulty of the case, and several various other factors.
Based on the information posted it is really not possible to say whether the offer is reasonable, or whether taking a chance in trial is better. But in general, there is no guarantee you will do even as well in trial as a settlement offer made before trial. You might do better, you might do worse. There is some value is simply the certitude of knowing what you are getting, and avoiding the risk of getting less--or in some cases, the risk of getting nothing at all.
In short, no one can say accurately and authoritatively that the offer is a bad one, the attorney fee is fair or not, or whether the costs quoted are a reasonable estimate without digging through a lot more details--but I hope this general outline of information was helpful.See question
I had an auto accident and it was other driver's fault. i have $my own PIP insurance about $10,000 i want to know if i use my PIP insurance then do i need to pay back when i get a settlement from fault insurance company? or i don't have to pay ...
It is called subrogation.See question
I`ve had 4 hip replacements and 2 of them failrd. The ball poped out of the socket. First one poped out amd went behind the cup. The second one ,the ball went on top of the socket which caused a massive staff infection and I spent 8 months in the ...
You should contact an attorney privately, and not post additional details online.
I would be interested to know when you had the surgeries, where you had them, and whether you have since switched to a different medical provider--and if so, what that doctor has to say.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...
You ask whether you can make a valid claim against a business (a hospital or clinic, I assume) and also against a doctor or doctors. Both, or neither, depending on the facts and circumstances.
You are alleging a failure to diagnose, with serious consequences. Note that bad results do not make liability. You will need experts prepared to convincingly testify that one or more health care professionals could have and should have caught this in time to do something about it, and had they done so this would have prevented the bad outcomes.
The treating health care providers will have their own experts saying just the opposite.
These cases are complicated and expensive.
You need to consult with an attorney offline ASAP.See question
My husband had no license or insurance and an emergency arouse and my sick child needed picked up. He grabbed the kids and was 3 blocks from the school when a lady did an illegal u turn and totalled the front of my suv. Husbands back is hurting so...
If fault is indeed clear, the issue is really whether the other driver had insurance, not whether your husband had insurance.
Your husband may face penalties for driving without a license, but that does not make him negligent in his driving, nor did it cause his injuries.
You certainty should not settle for only property damage if people were injured.
You should have an attorney review the case immediately.See question
I was involved in a car accident about 2 and half weeks ago. It person was cited NOI failure to yield and without having his DL with him. I've contacted the insurance, been assigned a claim adjuster but it's been more than a week since I've hear...
Contact a lawyer today. Most work on personal injury matters on a contingency basis, meaning you do not pay them until the case settles.
Do not give a statement or sign any documents for the other driver's insurance company until you speak to an attorney.See question
We went through a 4 way intersection that had no traffic light, stop sign, yield sign, traffic circle, etc. It had absolutely no type of traffic control device and after we had passed through the intersection and we're exiting it we were struck in...
The statute in question requires the vehicle to the left to yield if the two vehicles enter the intersection at about the same time. It sounds like you had almost cleared the intersection.
Were you injured? If so, get a free consultation with an attorney.See question
In WA state - in personal injury lawsuit what if recovery is less than the costs advanced by an attorney? Or there is no recovery at all? Attorney has still right to demand it back ? can he sue the plaintiff client for that? or can he sell the ...
I agree you need to refer to the fee agreement, but you should also be aware that under ethics rules the costs MUST be the client's ultimate responsibility. The lawyer must write the fee agreement contract that way.
A "lawyer a lawyer may advance or guarantee the expenses of litigation, including court
costs, expenses of investigation, expenses of medical examination, and costs of
obtaining and presenting evidence, provided the client remains ultimately liable
for such expenses." RPC 1.8(e)(1).
See http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=RPC&ruleid=garpc1.08See question
On December 3 2012 at 3 AM, I entered an Albertson store for food shopping. As I was going through all isles and filling up my cart, I needed to take my medication. I needed some fluids and needed to take it with food. Therefore I openned a bag of...
Do not post more details online. Talk directly with an attorney instead.
Some things I would want to know include: What was the disposition of the criminal case? Whether you have any prior criminal history. What were your injuries? Are there any permanent injuries? What was the medication you needed to take, or what happens if you do not take it?
Again, I would not post any further information. Contact an attorney instead.See question
My boyfriend was assaulted and had very bad damage done to his eye, that required surgery. He has permanent damage to it. He had no is insurance so state victims program paid his medical. They are going to stop paying soon and he will still need s...
An personal injury claim from an assault can be tough because the person who assaulted your boyfriend may not have assets to go after, and if there is insurance they may deny coverage as most insurance does not cover intentional acts.
Do you know who did this? Is that person being prosecuted? Were they an employee of a business where he was a customer at the time? I have settled claims against a business when their bouncer assaulted my client, for instance.
Do not answer the questions online, or post any details. Contact a personal injury attorney.See question