I feel strongly given what you have described that an experienced attorney will be necessary to protect her and her husband's rights and ensure the insurance company is held accountable for the manner in which the collision affected their quality of life. The carrier's described behavior indicates that they see a couple subject to being taken advantage of. An attorney can both keep that from happening and take some of the stress off the process. I know that hiring an attorney can be scary, but insurers evaluate claims on exposure, not truth, and an attorney can demonstrate that the injured party has recourse - litigation - if the carrier is unfair. Simply having that option is more likely to motivate an amicable and fair resolution, and in my experience the contingency fee is worth it - the goal would be that their share of a settlement or Court outcome, even after that fee, would be more favorable than what they could obtain on their own. The best way to find an attorney is to do research - both on sites like Avvo and by making phone calls and interviewing attorneys until they find someone with whom they are comfortable. Be careful about "discount" attorneys - with professional services, attorneys and physicians and other professionals - you really do get what you pay for. Be ** very ** careful about the Statute of Limitations.
The answer above is not legal advice, and I'm not your lawyer. At best, it's a hint in the right direction. Reliable legal advice comes from an attorney licensed in your state who has all the necessary information and time to form an opinion, and that usually requires an in-person consultation, which you can often obtain for free with no obligation. Don't be shy - attorneys are people, too - call one.
She needs an attorney and she needs one now. The statute of limitations is three years from the date of the crash though for the children that is extended until their 21st birthday. However, she would be doing them a disservice to wait. The fact that the insurance company keeps calling means that they have some concerns about the crash and they are trying to get this busy mother to agree with their offer, which it is a certainty that it is too low. Have her contact and interview a reputable personal injury attorney and that take that care off her shoulders. I am sure that she would appreciate not getting those calls at home.
Yes. They should get in to see a lawyer ASAP. If the collision occurred in Washington the statute of limitations is 3 years. If they don't file a law suit within that period of time, they will be barred from recovery. As a practical matter, they will never receive full and fair compensation for their harms and losses from the insurance company without the aid of a plaintiffs personal injury attorney.
She needs counsel TOMORROW!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Get counsel immediately. My reviews here on avvo are just one example of the fair ampunts recieved with competence representation. I have obtain ten, twenty or more times what these insurers offer unrepresented injured claimants. You have three years to file suit or will recieve nothing. Good luck.
I agree with the other attorneys. Do not wait any longer as many attorneys will not take cases too close to the statute of limitations date. Most of us offer free consultations and only collect money when you do. Good luck.
The time to get help with this is now, not 30 or 60 days before the Statute of Limitations expires. Even if you have to personally take them to talk to an attorney, do it. Cases do not improve with age and there is no good reason to delay.
What is she waiting for? Most attorneys who handle personal injury cases will meet with prospective clients for free. In addition, they only get paid if and when they recover money from for the client. Finally, even if she eventually has to pay the attorney a percentage of the recovery, it is extremely likely that she will get more money with an attorney than without an attorney. (Insurance companies almost always "discount" the settlement value of a claim where the injured party doesn't have insurance).
If the accident happened in Washington, the statute of limitations is three years, but it is crazy to wait any longer.
Most personal injury attorneys will meet with potential clients free of charge to go over their claim and see if they could benefit from hiring an attorney. Also, more times than not, attorneys are hesitant to take on a case when the statute is near so the sooner you call attorneys the better chances you have of hiring the best possible representation.
Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes only. It is not a substitute for legal advice. No attorney-client relationship is created or maintained without a signed written agreement between the client and the law firm.
Sign up to receive a 3-part series of useful information and advice about personal injury law.