I’m getting ready to meet with an adjuster for Nationwide as a result of a recent accident in which I was involved. I was t-boned by a BMW Z-4 dealer car being driven by a sales guy on the way back to work one day. Totally his fault by all accounts.
As a result, I ended up needing left knee surgery, specifically an arthroscopy to remove minorly torn cartiliage and to repair of a severly inflamed bursa sac. Other than the specific medical bills (about 15k worth of expenses) and lost work / wages for the specific instances of being out of work, I was wondering from anyone else’s experience what to expect as a settlement amount?
I’ve heard 2 to 10 times the medical bills as a rough estimate. 2 times would be more than I can imagine getting, but I definitely don’t want to sell short on this. I still have lingering issues with that knee and have been told it *should* be fully healed by next January (1 year). It’s not going to ruin my life, but how do you value the unknown of this kind of thing?
I didn’t want to employ an attorney due to cost (I’d rather have 1/2 of their 1/3 as part of the settlement), and didn’t want to trust an off the cuff number from any yahoo esquire ; )
Any takers on their results from such a thing?
TIA.
Replies
decide on a number you would be happy with x 2.let them tell you what they will do.
i hate lawyers but you might need one..............................
most people i know of in this sitiation, have waited years and when it was all said and done probably got paid 10.00 a hour thinking and worrying over it.
the older i get ,
the more people tick me off
Edited 8/25/2009 3:09 pm by alwaysoverbudget
My experience tells me that you won't get coverage for residual problems without an attorney representing you. Only a personal injury attorney and your doctor/surgeon will know what kind of settlement is required in your case and how to get it.
I have had on going problems with my knees since they were first injured when I was a kid. I wish I'd been covered then and now.
It shouldn't cost you anything to consult with an attorney about your case so it makes sense to do so before meeting with the insurance adjuster.
Edited 8/27/2009 5:48 pm by Hudson Valley Carpenter
Well, talking with attorneys makes me feel like I'm in a used car lot. At the very least I feel like I'll come home the next day and have a quarter hour invoice waiting for me or something LOL!
Seriously though I figured this is a slam dunk. I'm not looking to get rich, just to have a fair settlement. Last thing I wanted to do was have surgery really. I'll talk with the adjuster tomorrow, if I'm not happy with what they present I can always hire a lawyer at that point or better yet, negotiate to something agreeable.
I'm hoping to have a fair conversation that ends with me having the confidence that my pain and suffering (which wasn't much really) was worth something and that the potential for future complications is small and trivial. But a rough estimate of 2 - 10 times the medical payments is a bit too rough for me to gauge a realistic expectation.
Thanks anyway!
"It depends on the situation..."
Attorney first, adjuster second. If you meet with the insurer before the lawyer, you will say something or do something that will hurt your case later.BruceT
"I'll talk with the adjuster tomorrow, if I'm not happy with what they present I can always hire a lawyer at that point or better yet, negotiate to something agreeable"When you got hurt, did you say, I think I'll wait and see if it gets infected or if it heals alright naturally, and then think about maybe going to see a doctor?no - beause you were in need of professioanl services.Same thing here. You are in Need! And if you go playing doctor yourself first, you can make it harder or inpossible for him to do his job later by what you say first to them. And they are experts at getting you to saywhat they want.Yopu don't want to be in the same rom as a lawyer, but believe me, you will be dealing with a lawyer! but the way you are headed, it will be THEIR lawyer, not yours. you are taking a water pistol to the OK Corral.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
"When you got hurt, did you say, I think I'll wait and see if it gets infected or if it heals alright naturally, and then think about maybe going to see a doctor?
no - beause you were in need of professioanl services."
Actually, I did, because it didn't seem like much more than a bruise -- that was until it lingered for a month. Only then did I go to get the MRI. My thought process was "If I wake up tomorrow and it isn't swollen and I can walk fine, I'll see if it will heal." Didn't want to bother wasting time on something that shouldn't have been such a problem.
See my update at the end soon."It depends on the situation..."
OK, so perfect example of how you failed to anticipate consequences withOUT the help of the professional.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
I'm glad that Bruce took the time to explain what you're up against and how to proceed. And I'm relieved that you decided to follow his advice.
I'll be very interested to hear how this case plays out. Please give us occasional updates.
Edited 8/27/2009 10:21 am by Hudson Valley Carpenter
How are you going to feel 5 or 10 years from now if your knee needs to be replaced by an artificial one and you don't have the scratch to get one? That lawyer won't seem so expensive after all. Think of this way, sixty percent of $100,000 is a whole lot more then 100% of $15,000 to $20,000 now. Find out what the maximum time to file is and then use that as an outside time line for making a case out of this. You're not being greedy your being cautious. Why not wait till a month or so before the "drop dead date" to make absolutely sure your physically sound for life before making the decision to sue or not to sue. The insurance adjuster for the "other guy" is not going to make any points or long term career moves by offering you more money. He/she is there to persuade you to take the minimum they believe your foolish enough to bite at. Like a baited hook and they are the only ones in control.This is one of those "pull your head out of your ++++ moments" ...get a lawyer!
Edited 8/25/2009 4:37 pm by woodway
"How are you going to feel 5 or 10 years from now if your knee needs to be replaced by an artificial one and you don't have the scratch to get one"
I don't want to turn this into a tavern worthy topic, but it's situations like this that make me happy I live in Canada and don't have to think about accidents that way. Free knees. My friend has had three free hips over the years.
Seriously though I figured this is a slam dunk>>>>>>>>>>>>>>>>>>>..
No such thing in personal injury cases.
brfore i wentto bed tinight i 'd delete all your comments here.ya never knowthe older i get ,
the more people tick me off
How OLD are you? Pain and suffering will come later, with age.
I'm 33 and I have this feeling that my back is already effed for the future -- not a result of this endeavor at all -- could be a result of bad genetics or the last renovation I did, either way my issue.
I haven't completely given in to either side yet on the knee thing -- I will be contacting a couple more attorneys while finalizing the medical costs. Nothing was signed yet. The future unknown is worth what? So far in this entire discussion no one has presented any quantification of value, just qualifications. Not that it matters if no one wants to get specific, but it would be interesting to see the difference between attorney settlements and personal settlements. That's what it comes down to in this case. What is the possibility of future complications worth?"It depends on the situation..."
protecting against the costs of a future surgery is the best reason I've seen so far for investigating further - despite what Snort sez, only a few get rich with their bodies, and you're already too old for that - but a bum knee could keep you from doing things you want - it's going to be your call - and I applaud your attitude - I will say that, at 33, if you're in decent physical shape, you will never feel better than you do now - injuries have a tendency to show up later in loose and or stiff joints, arthritic pain, and reduced flexibility - beyond this specific incident, you will never regret working within your physical limits - good luck - "there's enough for everyone"
In reality, in my opinion, it is the cost of doing business. Everyone is out there to protect their butts, not yours. You need to protect yours and that means havining someone, other than God, on you side.
That is where the attorney steps in. He is on your side, but he still has to support his family too. He will not represent you if there is nothiong in it for you, which means the same for him. He is not going to take anything from the insurance company that they are not willing to pay out. So, if they are willing to pay another person that has an attorney that has the same injuries as you, why should you not hire an attorney that can do the same for you?
Look at it another way. If You new someone could get a good deal for a car, shouldn't you get it for the same price? What makes them so much more "special" than you?
All it takes is for you to ask the right way and in your case an attorney.
If you are just wanting to be fair, what makes you think the other party is going to recipricate?
Have you ever bid a job and in the end you realize that you should have bid more? That is where the attorney steps in with his experience. He has bid these types of jobs and knows where the customer's bottom line is.
It is all experience(and in many cases, our ignorance)
Most of these responses have been to look out for your best interest and we don't even know you and were are not getting anything out of it. That should be taken under consideration. Talk about a neutral party.
haven't completely given in to either side yet on the knee thing -- I will be contacting a couple more attorneys while finalizing the medical costs. Nothing was signed yet. The future unknown is worth what? So far in this entire discussion no one has presented any quantification of value, just qualifications. Not that it matters if no one wants to get specific, but it would be interesting to see the difference between attorney settlements and personal settlements. That's what it comes down to in this case. What is the possibility of future complications worth?>>>>>>>>>>>>>>>>
The future is just that, unknown. You will recieve a settlement that is to cover this unknown. A compentant lawyer will be able to either determine that ir hire an economist to do so.
As far as a difference between lawyer or no lawyer settlements. Again a layew can answer that for your state. I know I live in NY and would not even contemplate talking to an ins co about a personal injury settlement.
It is good to hear that you are talking to lawyers. Don't believe the line that you really don't need one.
One other thing. In my case the ins co offered me 30000 after 6 mths, ended up settling after almost 2 yrs for almost 10x's that.
I'm 33 and I have this feeling that my back is already effed for the future -- not a result of this endeavor at all -- could be a result of bad genetics or the last renovation I did, either way my issue.
I haven't completely given in to either side yet on the knee thing -- I will be contacting a couple more attorneys while finalizing the medical costs.
Maybe you'd be better able to make a decision about working with a lawyer if you began a new thread asking for personal stories about the long term effects of knee and back injuries.
I've been coping with both for a long time. I wish I'd had insurance coverage for either of them, then and now.
It's not that anyone here is suggesting that you go for a larger settlement than what's fair. We just have the advantage of hindsight and wish that we'd taken such matters more seriously.
If someone had explained to me the importance of looking to the future and the need for professional help in doing that, I'd have acted more prudently, on behalf of my life in an older body.
Edited 8/28/2009 11:28 am by Hudson Valley Carpenter
If you haven't done so already don't dare mention a figure. Get them to gove you a figure and then negoiate UP.
Tell them your wife wants to sue for loss on consortium.
"I didn't want to employ an attorney due to cost (I'd rather have 1/2 of their 1/3 as part of the settlement), and didn't want to trust an off the cuff number from any yahoo esquire ; )"
With that statement you just guaranteed that you won't get what you deserve. Insurance companies always offer much less than they are ultimately willing to pay and they are pros at negotiating the settlement down. You are a gifted tradesman but not remotely qualified to go up against the insurance company in negotiations.
A good personal injury attorney will do an initial consult with you for free. He/she will know your rights, know what customary compensation is in your area for the injuries you received, and will know how to make sure that future problems stemming from your injuries are not shut off from claims. at the very least, you would come out of such a meeting knowing your rights.
If the firm is known for getting good results in litigation, the insurers will offer a much higher settlement amount to avoid the cost of defending in court. I know, because a friend is a PI attorney at a firm that has such a reputation and he rarely has to actually go to court to get good settlements. Even after he takes his 30%, the clients get much more than they would have alone; sometimes hundreds of thousands more.
Don't meet with the insurance adjuster, don't sign anything, don't give them any information until you talk with a competent attorney. Find out which firm gets the best results in court and go with them.
BruceT
Edited 8/25/2009 3:48 pm by brucet9
I believe that you speak the general truth about all professions in that reply ; ). I believe a consultation will in fact be useful -- and considering you are speaking from at least one level away from an actual PI attorney, you get bonus points.
Thanks!
"It depends on the situation..."
I'll e-mail my friend (Orange County trial attorney of the year, so he is pretty well connected) and ask if he can recommend anyone in Indianapolis. BruceT
And if he suggest that 5 times is the going rate and when you deal directly with the insurance company and find that they won't budge from 2 times you can work a deal with the attorney to only get his share on what you get ABOVE the initial offer.But they will probably want a higher cut.But you would still come out way ahead..
William the Geezer, the sequel to Billy the Kid - Shoe
The obvious answer is that a lawyer specializing in that fie;ld would know best what to expet AND HOW TO GET THE BEST SETTLEMENT.
Who cares what his fee is if he can get you 10X instead of 2X
Welcome to the
Taunton University of Knowledge FHB Campus at Breaktime.
where ...
Excellence is its own reward!
I got a small settlement from an accident once. I think it was 2X the medical bills, which weren't all that much.
I don't have a problem with you meeting with their adjuster. But as others have said - Their job is to pay you as little as possible. They do NOT have your best interest at heart.
If the appointment is already set up, you could always listen to what they say and tell them you'll think about it. But no way in hell would I sign anything unless it's REALLY something you're comfortable with.
The paperwork you sign will basically say that you will no longer hold them responsible for anything that goes wrong with your knee as a result of the accident. If you need another $20,000 surgery later you're on your own. So don't take it too lightly.
I see in your profile Arts/Entertainment. Have you at least played a lawyer on TV?
Hah!
"Architect" isn't on that list (but it should be)."It depends on the situation..."
I would meet with the adjuster, since you already have the appointment set up, and ask him for his proposal in writing. Don't sign anything. Then end the meeting and take the paper to your lawyer.
"Put your creed in your deed." Emerson
"When asked if you can do something, tell'em "Why certainly I can", then get busy and find a way to do it." T. Roosevelt
I'm just imagining the replies if you substituted "contractor" for "lawyer" in this thread... think about the responses from posts where someone didn't want to pony up for a contractor and things went bad ;)PaulB
http://www.makeabettertomorrow.com
http://www.finecontracting.com
I've never seen posts in a legal forum asking how do I roof and paint my house.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
I settled last year. Your rule of thumb is way off.
You should pay the lawyer. I hope it is not to late to file a claim. There a very specific dates that you have to file by or you are SOL.
Trust me, the 35% will be earned.
I got this e-mail message from my friend the PI Atty in response to my request for a referral in Indianapolis:
"I'll have 2 good firms to you by tomorrow @ noon. I have to be in court in the AM so I'll,miss you then. Tell your friend, no statements to anyone and don't sign anything.
Jeff."
"I got this e-mail message from my friend the PI Atty in response to my request for a referral in Indianapolis:"I'll have 2 good firms to you by tomorrow @ noon. I have to be in court in the AM so I'll,miss you then. Tell your friend, no statements to anyone and don't sign anything.
Jeff."BruceT"That's what I'm talkin' about! Good work, Bruce! And, Hey, lindenboy, if you strike out with Bruce's referrals, I've got about 20 lawyers in my Rolodex that I know, like, and trust. A client of mine has a daughter who was looking for a paralegal job about 2-3 weeks ago. I sent out a bunch of emails, she got two interviews, and now has a new job! Boom! These guys network! They spread the word to all kinds of other offices. These guys were all Michigan guys, a little closer to Indy than Sunny Cal, but these days, distance doesn't matter all that much. I'm betting on Bruce's guy to come through.Once again, Good Luck!Aitchkay
Three suggestions:
Lawyer,
Lawyer,
Lawyer.
BTDT.
These guys are, as a rule, people who want to get things done, would rather negotiate than litigate, and will pay for themselves in the difference in your net gain.
We all pay into insurance funds to make sure that no one gets wiped out by a calamity or serious injury. Unfortunately, way, way more gets paid in than gets paid out -- Look at the tallest buildings in the world. They're almost all insurance buildings. Don't think for a minute that the Sears Tower was built by Craftsman Tools. Think Allstate Insurance instead.
So realize that there's a built-in imbalance. The insurance companies are lawyered-up to the Nth degree, and the reality is that you really do need a lawyer yourself. Get a good one, and it should all work out.
AitchKay
Good Luck!
I know of a case back in 2005, where a broken ankle and spiral fracture of the smaller leg bone required two surgeries. Insurance paid $5,000 up front but in the end, they paid for all the hospital bills, wheelchair, toilet adaptors, blue walking boot, and physical therapy. Issue has to be settled within two years of accident in Texas or it can go to court. All medical, physical therapy, medication bills, mileage to and from their home, and time was sent to insurance company.
A year and eleven months later, insurance company called, agreed to pay all expenses, and offered his wife $55,000 for pain and suffering. By then she was up and walking like new, and no expected complications foreseen in the future. Husband was the "chief cook and bottle washer" while the wife was injured, and was given a separate check $10,000 for his work.
He learned that personal injury has to be shown on your IRS return as income, but not a cent is taxable. 100% profit...if you want to "earn it" with an injury.
Bill
Lindenboy,
I was hit by a forklift 5 years ago and knocked out with lacerations to the legs and face. I hurt for several days although my medical bills were less than 500.00 I recieved 30,000.00 If I had it to do all over I would want 150,000.00 I'm 54 and theres no telling when the parts of my body that got hit from this idiaot won't trouble me later. I was taking a picture of my boat and the driver roundhoused me in the legs with the forklift. The camera was on my face and was smashed by my face when it landed between me and the pavement. I was so mad this happened that when I came to I jumped up to grab the idiot off the forklift and wear him out. Lucky for him I immediately fell to the ground. You cant place a value on tissue, get the best attorney you can and do everything he tells you.
from your initial post I'm sure they cannot wait to sink their teeth into you. you want a fair settlement, thats admirable - they do not - the quicker you understand that the better
personally I would not settle until all of my issues were addressed, and not without council
I would: #1) Cancel the appointment with the adjuster tomorrow just so you don't say or do anything that could even remotely be used against you later.
#2) Contact an attorney you know and trust and ask him or her who they would use for a personal injury case. Get a few names and interview them to get a feel as to their style.
I'm currently in the middle of this right now. I do know that if there's going to be any long term disability or even partial disability from this, the insurance company is going to want to see some objective proof of it. Even if there is well documented objective proof of it, they're going to get their "expert" to refute it. A lawyer familiar with personal injury will know or be able to find out what the range of $ settlements are that have been paid out for similar injuries in your area or in the area where the case would be tried.
Just to give you an example, my attorney said that if my case were to go to trail fifty miles north of here the jury awards tend be thirty to forty percent higher than they would be here in my home county.
"...lingering issues..."
All: I'm keeping a list and I'll be revisiting this thread if tort reform comes up in discussion in the future -
lb: the phrase above is the crux of the matter - DW was in a similar accident 20+ years ago - insurance paid for treatment and rehab and a modest amount for the settlement - basically payment for the time and trouble of dealing with treatment and rehab - but - and here's the big 'but', her knee injury was of a nature that she judged that it would not become an issue in the future - and it hasn't to this point and seems unlikely to in the future -
we/she went to the insurance company with a figure in mind, they accepted, and life moved on -
from the above statement, I'd judge you are uncertain whether this injury will become a limitation in the future - so I'll go with the flow here and suggest a meeting with a shar....
er...lawyer, preferably before meeting with the insurance company -
the advice to milk every penny sets my teeth on edge a bit -
alwaysoverbudget's advice in the first reply is the best in general terms -
good luck -
D
BTW, if your health insurance company paid out any of the medical claims and you collect a settlement you will probably have to pay your insurance company back for that amount..
William the Geezer, the sequel to Billy the Kid - Shoe
mercifully, the deer hunter that ran into DW (I wuz looking fer deer!) was insured - and other than notifying our companies, our policies were not involved - the first new car we'd ever bought, 2 months old, DW, and all three kids - whole incident could have been so much worse...tho the middle child still blames any brain fade on her head hitting the hand strap on the back of the passengers seat (belted in she was, but obviously not sufficiently)"there's enough for everyone"
Thanks for the replies. This is LONG, btw...
It seems like most people recommend an attorney without the basis of having experienced a case like this before personally. I get that, because much of the time, a professional should be involved when matters become too complex to handle with plain old common sense. The few stories of people how have experienced something like this (for which I was looking primarily) are interesting and helpful.
A tiny bit of background is that I was t-boned in January. Car was totalled. Car insurance paid out solid settlement there. The other driver's insurance claim adjuster was nice, civil and completely cooperative. Suggested that they would reimburse medical expenses and formulate a "pain and suffering settlement" when the time came to wrap up treatment.
I had an MRI which diagnosed minor torn cartiliage and bursitis, neither of which are life threatening, disfiguring or much of a problem these days (consider all the thousands of sports injuries from which people recover and go on to lead normal lives). I was never bothered by the cartiliage, but the bursitis felt like a bunch of soft tissue rolling around under my knee cap and painful upon kneeling (bad thing with my 2 year old son needing diaper changes and one on the way).
Surgery was the primary option ot clean it all up, so I tought as long as the insurance company pays that I'm golden...then the "discomfort" settlement issue came up to which I was surprised and delighted, in fact! I'm getting money for being injured? Heck ya!
Long story a touch shorter, I had the surgery on April 15, no complications (other than the doctors not mentioning the YEAR it would take to get back to what I would consider "normal"). Healing went well and I only lost about 2 days of work time (I have a desk job primarily). My main concerns would be potential future side effects or possible complications down the road. Fast forward to this yesterday.
A paralegal with a local attorney (Bruce Kehoe) told me that if I wasn't having trouble with the insurance company reimbursing or otherwise being amicable to paying things, and the settlement amount they brought to the table seemed reasonable to me, it probably wouldn't be worth paying an attorney the 1/3 to represent (it goes up to 40% for trial typically, maybe more). Figure in that the attorney takes 1/3 off the total amount, not just the net amount back to the client AFTER medical is reimbursed, and the total net amount to the injured person could be considerably less. So you have to weigh how much MORE the attorney is going to get for a very standard claim in this case I feel like in a case like mine it would barely make paying a third party worthwhile.
So the gist is that the surgery, after adjustments by the providers, cost about 16k. The adjuster said 12k - 15k would be the range he would place on this case. We picked the high end which doesn't include about $1500 worth of lost wages, etc for a total settlement of 33k. I net 17k on this deal to sign it away (which I haven't done yet).
Let's say a PI attorney settled for significantly MORE: 50k -- less their third would end up being 33k. Minus medical would net 17k. I suppose that we could pump up the settlement on my end a bit to encompass some of what they wouldn't have to pay out with an attorney, but I highly doubt that an attorney is going to fight for 50k on a case like this. Herein lies the problem, because I have no basis as to a typical settlement amount for this kind of injury -- well, no one does really because every situation is different. And how much longer does this process take if we have to really argue to get 50k out of the deal? I could've had my check today had I not let him go (there were too many unknowns on the outstanding medical billing side to settle yet). No wonder those guys live in big old houses on the nicest sides of town!
I'm a DIYer in a lot of ways, and I like to live life with some excitement. Taking what I've negotiated at this point is fine with me really. Could I have gotten another couple thousand? Maybe. Do I think as-is this is a fair deal. I really do. And I guess that is what it's all about in the end (well, that and what my DW wants to add : )
I'm sure this will help someone else with a similar situation in one way or another. I'll either be a good example or a bad one.
"It seems like most people recommend an attorney without the basis of having experienced a case like this before personally. "Long assumption there Lboy. I have seen it twice and been it once. Didn't have the time or inclination to go into my own personal details leading to the knowledge that going this without an atty is foolish
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
Point taken...still not sure what this is a "perfect example" of."It depends on the situation..."
"...still not sure what this is a "perfect example" of."That's OK. Your longpost was an attempt to clarify and rationalize your own decision for your own self. It is clear you are not interested in an opposite opinion and that you are rejecting the advice to get legal counsel. I won't beat your dead horse any more.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
First, sorry this had to happen to you.
Second, I hope you get a fair settlement, and I don't necessarily disagree with any of the advice I've read here (and I skipped the last 20 responses)
But Third, I'm a little surprised at the jist of the first dozen or so who seem to suggest that you would be foolish not to get every $ you could even if that meant another 1/3rd in lawyers' fees. Isn't this how we got to hate lawyers?
I mean, if you honestly would feel satisfied with 2x medical, then why go after 10x? Just because you might get it? Is that how we want the system to work?
I'm just sayin'....
Well, thanks for those sentiments.
I will say that I try to live by the Golden Rule (not the "he who holds the gold rules" as much as the "do unto others" kind of philosophy). I was brought up with a pretty solid sense of principal, integrity and honesty, and believe me it took a while before I ever wised up to the bigger picture.
When I was a kid, my dad used to always tell me about principal, and I always used to hate it, but the older and wiser I became (lots of room to grow still), the more my philosophies are based on principal! Arrgggghhhh!
I do tend to agree with you and I think there's a happy medium, which I suppose varies by degrees of happiness on the person and their personal philosophy.
EDIT: I did want to add that the paralegal to whom I spoke yesterday said the "rule of thumb" if there is one is about 2 - 2.5 times the medical costs, regardless of the attorney involved. This is of course a generalization, and because I was not maimed long term or anything I can't see there being much to argue over in court.
"It depends on the situation..."
Edited 8/26/2009 2:48 pm ET by lindenboy
I have since read your longer post #34, and I applaud your values-driven common sense approach.Another way to look at it is that sort of minor injury could have happened 100 different ways. Heck, you could have stepped on a rock the wrong way or something. Just dumb bad luck & in that case there would be no one out there offering to pay your bills. Or, you could have been much more seriously hurt in the accident - the sort of hurt that no amount of money makes better.Accidents happen. All things considered, it seems like a reasonable good outcome.
"I'm a little surprised at the jist of the first dozen or so who seem to suggest that you would be foolish not to get every $ you could"I can see how it can read that way, but my point was to make sure to protect your interests and that of your family.my own case - I signed off on back problem, feeling young, healthy and tough like Lboy here.
But stuff comes back to haunt you in later years....
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
In the OP, lindenboy says he still has residual problems with his knee and that it may take a year to heal. By settling now for some arbitrary figure and signing away any future rights to sue, he could be out thousands more if further surgery becomes necessary.A good attorney knows the legal ropes to assure that he won't sign away future rights in exchange for payment for out of pocket expenses up to now. He also knows how long one can wait to see how he will heal without missing the statutory time limits for a claim.I didn't read the posts as "get rich" advice as much as "don't let the insurer take advantage of you" advice.BruceT
Their adjusters will try and push you around and get you to settle for less than should get. With a lawyer they will not push you around. Also you may have problems down the road and it will be hard to sue them later. A good attorney will keep you from having that problem later. A good attorney is well worth the cost. Most will only charge you what the suit is settled for.
OK, I promised you two lawyer referrals, but you'll just have to make do with three.
These guys are all members of ABOTA (American Board of Trial Attorneys) a listing of only about 6,000 of the hundreds of thousands of attorneys in the US. Among the criteria for membership is having actually tried a minimum of 20 cases in superior courts (settlements would not count), so these guys should all be competent lawyers and insurers would know that they will take cases to trial. Each of them is listed in the registry as practicing personal injury law.
Tell them you got their name from Jeffrey Sheldon, an ABOTA member in Fountain Valley, CA. Jeff does not know any of them personally, but their listing in ABOTA sets them apart from most attorneys.
Doug Church 317-773-2190
Tom Hastings 317-686-1000
Fred Hovde 317-818-3100
Call them and see whom you feel most comfortable with.
Good luck
Thank you for following up.
"It depends on the situation..."
I admire you, taking a stand for your principles. Unfortunately your beliefs, thoughts and actions won't raise the consciousness of the insurance adjuster. Nor are they likely to get in the way of your attorney. LOL.
They're both hungry sharks swimming in familiar waters while you're a migrating morsel which they're going fight over.
So the trick is to remain true to your principles, while not trying to impose them on a business situation which is run by voracious predators. Just be sure that there are two of them and one is on your side.
========================================================
PS: My thanks to whomever among the moderators moved this thread back from the dark side to the Business folder.
Edited 8/27/2009 7:25 pm by Hudson Valley Carpenter
I gave you some pretty real life experiencces about what you're up against. In 5 years your knees quit working, rememeber my post. Only use law firms with plenty of money. Insurance company law firms can starve a small law firm.
I threw a flag down on the play. Took Robynn a couple days to notice, but she was in line for the pat on the back I think.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
I understand how you are drawing your brakes at any get rich quick proposals from this accident... thing is, you might not to be able to get rich ever because of it... at least spend the night in a Holiday Inn before you meet with the adjuster<G>http://www.tvwsolar.com
We'll have a kid
Or maybe we'll rent one
He's got to be straight
We don't want a bent one
He'll drink his baby brew
From a big brass cup
Someday he may be president
If things loosen up
right now I'm dealing with a knee problem and it scares the hell out of me because it could put me out of business. I cannot blame anything but hard work and maybe a little neglect. if someone else caused the problem I would be sure to settle the case with enough of a nest egg to handle what ever may happen as I got on in life.
if you are offended by the advice to "grab every penny you can get", some day you may very well look back and wish you had. joints wear out after some time. a knee injury at your age could become a very serious problem later in life.
whether or not you use any of the advice you have been given is up to you. in the end lets hope your actions do not come back to haunt
e offended by the advice to "grab every penny you can get", some day you may very well look back and wish you had. joints wear out after some time. a knee injury at your age could become a very serious problem later in life. >>>>>>>>>>>>>>>>
I will tell him that any time a doc does arthoscophy(SP?) they will be removing cartilage. Eventually the cartiledge is gone and you have to have an artificial knee. Once that staqrts, depending on what you do, currently from what I have read, they only last at most 10 yrs before they have to be replaced.
I am close to the point for a knee replacement. I have put this off and off, hoping the artificial knees will get better. They have, but the doc wants to do one now.
The replacement isn't bad enough, the recovery is long and painful. Can't imagine the pain involved with hip replacement
My point about hiring a lawyer, is to maximize the settlement as you won't know until you live life how it will turn out!!!
Ment this for theposter1
Edited 8/28/2009 4:43 pm ET by frammer52