[WarrENDeatH]

I'm posting this in the hopes of finding some sort of answer for my recent and somewhat long going woes. I figure I'd post this here, and see if you all can help me. If you have any legal experience what so ever, feel free to help.


Before I get into this, I must say the following. Please understand this much.

1. I am NOT going into this for a get rich quick scheme. I want my fair due. I never wanted to be a millionaire from this.
2. I NEVER wanted to get into this accident.


So, August of 2015 I was in a car accident in my brand new BMW. It was four days old, actually. Anyways, the guy failed to yield, looked right, I came left, and he popped me as I swerved going 55 to miss him. I denied help at the scene, but later went to Urgent Care. I waited a week, and then went to the Emergency Room. I had basically gotten several herniated discs, bruised knees, neck and what they believed was a concussion. I immediately sought council and began treatment for Physical Therapy that lasted 10 months. This was 2 times a week, as well as at least once a month a doctor visit. I had three total MRI's (200 dollars out of pocket for each).

I was medically cleared in April. At which time I told my lawyers...it took them to almost September to gain my files. From there, it dragged a bit more and I finally had a meet with them two months ago to discuss the stance of my case. At which time, I was offered 2500 total. Only one doctor wanted anything from me, the rest declined due to insurance covering. He told me basically court wouldn't be the best way to go because based off my previous medical history, and back injuries, the pre-existing overrode my case I had medical help as early as five months before the accident (despite me going to lift, literally when I got hit). I told them fine. Deposition fees and court fees would be too much (based off the information he gave me). And told him to fight for every single dollar for me. My wife went through something similar, she was low balled $400 dollars on a car accident with three weeks of physical therapy for a neck strain...she ended up with 5k in her pocket.

We fast forward to today (yesterday, sorry on third shift). NOTHING has changed. I've been trying to get a hold of him for weeks, and nothing has changed. Still same offer, and he said they aren't budging. He gave no recommendations, but you could feel he wasn't too optimistic about court, stating depositions would cost 6k and it would be expensive, and not knowing where they would side. Intuition has kicked in, making me feel like this entire situation isn't what it seems. I don't trust him, or the situation at all.

I'm wanting everyone's honest thoughts on this. Is he right? Is he not? What should I do? I've sent out two requests for new lawyers, in the hopes of hearing a second opinion. I'm a bit worried it might be too late, but I'm unsure. It isn't too late until the fat lady sings. I've signed nothing. If need be, I will fire him, but if he is right and it's a loss...then it is what it is. But I've lost almost 4k in wages due to this, and all they're covering is an urgent care visit and ER. That's it.


Thoughts!?

[c1pher]

My honest and sincere answer is, do not listen to a bunch of car forum people. Go see a real attorney. They will usually agree to meet you for free to hear your story to see if you have a case. If you do have a case, they can work out how they get compensated without impacting you any more than necessary.

[RickFLM4]

Originally Posted by MGM135is

My honest and sincere answer is, do not listen to a bunch of car forum people. Go see a real attorney. They will usually agree to meet you for free to hear your story to see if you have a case. If you do have a case, they can work out how they get compensated without impacting you any more than necessary.

This. Find a new lawyer and stop posting details on Internet forums.

[BEM-S4]

Originally Posted by RickFLM4

This. Find a new lawyer and stop posting details on Internet forums.

+1000. I deal with lawyers all day every day. Even if you don't do so for work any borderline intelligent adult has a competent attorney on call for personal matters.

Worst case if your personal attorney is not a subject matter expert they can refer you to a trusted resource who can help you.

[My335iTT]

Sounds like you have a case, the problem sounds like your lawyers suck. An example I hit a lady going around 5 mph and she claims she had neck, back, wrist, and all this other bullshit pain. We left the scene with nothing wrong. Then I find out 2 years later she is trying to sue me. So I start by researching social media, she accepted a dummy request of mine. I found multiple pictures of her traveling weekly, going ATV'ing, standing at concerts monthly, and to top it off 4 months after the accident she has her 40-50lb niece STANDING ON HER BACK watching fireworks. I give this to my lawyers.

They went through discovery and also found she had a felony for lying to the government, and a couple other charges. After ALL this my lawyer still overs her a small settlement, her lawyer says no. They go up again, her side said no. This kept going until she got my insurance max. I didnt want to risk it going to court where I might have been on the line (wish I did now that lady was trash). So it seems like you need a lawyer like this lady had, I would shop around.

[NFiftyWon]

I think this is a question for avvo. I would extort them so obviously you came to the wrong place for advice. Good luck

[CTinline-six]

I have a few questions just from the insurance side of things...

1. It seems from your story that this guy pulled out into you and caused the accident. Was it determined that he was at fault for the accident?

2. If he is at fault, why is his insurance not compensating you for the lost wages? Most states require people to carry X amount of physical damage liability and X amount of medical liability. Sometimes they are combined.

I remember several claims I had where our insured hit someone and our company paid for the person's damaged vehicle, medical bills, and up to a certain amount of lost wages. In many cases, your insurance company would fight for you until they settled with the other company (subrogation).


I agree with the other posters that it sounds like you need a better lawyer, ESPECIALLY if you were not at fault. Denying care at the scene can make your argument tougher, but it doesn't necessarily change things since many people won't feel aches/pain until a day or so after the accident.

Another thing to consider is that while you had back problems before the accident, you stated they were not severe enough to prevent you from doing things. The whole point of insurance is to fix things to how they were before the accident (making you whole again), not necessarily better than they were. I would drive home the point that while you had back issues before the accident, the accident definitely made them more severe. Pre-existing conditions were always a tough one with claims, but things such as doctor's records of pre-existing back pain definitely help.

[rlmesq]

Personal injury lawyers are looking for three things:

1. Fault on behalf of the other party.
2. Substantial medical bills (which mean a big settlement).
3. Ability of the other party to pay.

At least in California (I am not licensed in any other state), the general rule of thumb is that general damages (pain and suffering) are three times special damages (medical bills). Since any settlement money received for medical bills is paid to the providers, it is deducted from the settlement.

Depending on your fee arrangement, costs -- like depositions -- will probably be deducted from the settlement, too. There will also be the need for expert witnesses to apportion any damages between your prior conditions and the injuries from the accident.

It makes no sense to spend lots of money on experts and other costs when the likelihood of recovery is uncertain. You say the other party was at fault, but that's ultimately a question the jury would decide, based on the evidence.

Any case, whether civil or criminal, is a gamble. When evaluating a settlement offer, you need to weigh the likelihood of winning against the possible costs of a loss.

[overcoil]

Originally Posted by MGM135is

My honest and sincere answer is, do not listen to a bunch of car forum people. .

BMW forum for legal advice
Mercedes forum for medical advice
Audi forum for accounting advice
Porsche forum for clothes advice

[infinitekidM2C]

Originally Posted by ScottSinger

BMW forum for legal advice
Mercedes forum for medical advice
Audi forum for accounting advice
Porsche forum for clothes advice

[infinitekidM2C]

Insurance and liability laws vary quite bigly state to state. So any lawyers on this forum might have to do research (which they won't) just to give you a general opinion on your general set of facts which won't be all that helpful at the end of the day because what you need is a detailed analysis from someone with something to gain.

TLDR = see a lawyer in person as almost every consultation is free. I don't know what "sent out two requests for another attorney" even means but you need to have a sit down with a prospective attorney or two in your area.

Separately, trump, i thank you for having added the word "Bigly" to my vocabulary...yours truly, Infinitekid2002

[Wehput_m3]

you may want to check if you're state has a small claims court. It will eliminate the cost of deposition and expert fees but the amount of recovery is less than regular courts.

It sounds like your attorney does not want to go to court due to litigation costs.

Take note also of the deadline to file your case it is usually 2 yrs from the date of accident.

[RickFLM4]

Originally Posted by infinitekid2002

Insurance and liability laws vary quite bigly (thanks trump) state to state. So any lawyers on this forum might have to do research (which they won't) just to give you a general opinion on your general set of facts which won't be all that helpful at the end of the day because what you need is a detailed analysis from someone with something to gain.

TLDR = see a lawyer in person as almost every consultation is free. I don't know what "sent out two requests for another attorney" even means but you need to have a sit down with a prospective attorney or two in your area.

WTF does Trump have to do with variations between state liability laws?

[infinitekidM2C]

Originally Posted by RickFLM4

WTF does Trump have to do with variations between state liability laws?

you missed my joke BIGLY! - but now i see how it can be misread...to be clear he has nothing to do with that, just with my new found vocabulary

[RickFLM4]

Originally Posted by infinitekid2002

you missed my joke BIGLY! - but now i see how it can be misread...to be clear he has nothing to do with that, just with my new found vocabulary

Ha ha ok. Now I see "bigly"

[kscarrol]

Originally Posted by infinitekid2002

Insurance and liability laws vary quite bigly (thanks trump) state to state.

The man hasn't succeeded in getting one meaningful piece of legislation passed since he was elected but somehow he's responsible for the laws of individual states, passed by individual state legislators?

Edit: Guess I missed it as well...

[infinitekidM2C]

if you want to delete your posts i won't complain guys

[kscarrol]

Nah, I prefer to leave it as part of the permanent record!

[infinitekidM2C]

that's a sarcastic appreciation!

[kscarrol]

Originally Posted by infinitekid2002

that's a sarcastic appreciation!

[WarrENDeatH]

Originally Posted by CTinline-six

I have a few questions just from the insurance side of things...

1. It seems from your story that this guy pulled out into you and caused the accident. Was it determined that he was at fault for the accident?

2. If he is at fault, why is his insurance not compensating you for the lost wages? Most states require people to carry X amount of physical damage liability and X amount of medical liability. Sometimes they are combined.

I remember several claims I had where our insured hit someone and our company paid for the person's damaged vehicle, medical bills, and up to a certain amount of lost wages. In many cases, your insurance company would fight for you until they settled with the other company (subrogation).


I agree with the other posters that it sounds like you need a better lawyer, ESPECIALLY if you were not at fault. Denying care at the scene can make your argument tougher, but it doesn't necessarily change things since many people won't feel aches/pain until a day or so after the accident.

Another thing to consider is that while you had back problems before the accident, you stated they were not severe enough to prevent you from doing things. The whole point of insurance is to fix things to how they were before the accident (making you whole again), not necessarily better than they were. I would drive home the point that while you had back issues before the accident, the accident definitely made them more severe. Pre-existing conditions were always a tough one with claims, but things such as doctor's records of pre-existing back pain definitely help.

1. Yes. He claimed fault and was ticketed for it as well. Failure to yield.

2. I'm not sure. I guess the hold is that my back injuries (though they ignored my knee injuries as well) were pre-accident related. Despite me being clean bill of healthy for at least four months.

3. I did deny at the scene, but went within the time window (I was told by the lawyer outside of 24 hours is suspicious) I woke up the next morning (less than 12 hours later) and felt miserable.

[Maynard]

PM'd you.