Car Accident Settlement Advice/Opinions!?

[The Caped Crusader]

Before I get into the story, believe me, coming to the internet to ask for opinions is ridiculous. That being said, I do like to garner some opinions from different perspectives to try and help me out.


In August of 2015 I was involved in a car accident in my three day brand new car. The other drive ran a stop sign and t boned me. He took fault, was cited and within 12 hours of the accident I went to the Emergency Room for back/neck/knee injuries. After that, I went from August to April of 2016, seeing physical therapy/doctor appointments, medical advice, MRI's and X Rays to fix the issue(I also sought out legal council in mid August as soon as I was aware of my medical injuries). I became medically cleared on April, and have been in a constant struggle against his insurance company.


To cut to the chase, the insurance company is using my previous history of injuries to say they are the primary cause of my injuries. They've offered a settlement of $2500 dollars (800 in my pocket when everyone is paid). The lawyer believes it is in my best interest to try and avoid court (but would support me if I went that route). Court of course would be expensive, with a lot of up front fees that I just couldn't paid (he said as much as a couple of grand either way).

I racked up a total of $19,000 in medical bills (none of which my medical company is wanting back), spent time on limited work, lost around 24 pounds (not being able to lift) and fought through some depressing times.


I'm just trying to get everyone's opinion before I go and make a decision. I'm not looking for some massive payout, but $2500 is the definition of insulting. Looking forward to hearing from everyone!

[HarleyDog]

I would get a 2nd opinion from another lawyer. Sounds pretty unfair to me and although your not looking for a massive payout, you should at least walk away from this feeling content.

[Sabretooth]

(05-09-2017, 07:19 AM)HarleyDog Wrote: I would get a 2nd opinion from another lawyer. Sounds pretty unfair to me and although your not looking for a massive payout, you should at least walk away from this feeling content.

This

Good Luck and be patient, the other side wants you to settle quickly and cheaply.

[Stewy]

Not to support litigation, but there are plenty of experienced and powerful ambulance chasers that offer the "We only get paid if you get paid" route with no up front money. But they likely won't TAKE the case if they don't see a big payout.

So I'd contact a lawyer who is an accident professional and give them the details. I wouldn't go to court with bunches of up front fees. If one of the ambulance chaser professionals won't touch your case, then you likely don't have a good case is my opinion.

Good luck!

[HarleyDog]

(05-09-2017, 07:54 AM)Stewy Wrote: Not to support litigation, but there are plenty of experienced and powerful ambulance chasers that offer the "We only get paid if you get paid" route with no up front money.  But they likely won't TAKE the case if they don't see a big payout.  

So I'd contact a lawyer who is an accident professional and give them the details.  I wouldn't go to court with bunches of up front fees.  If one of the ambulance chaser professionals won't touch your case, then you likely don't have a good case is my opinion.

Good luck!

The only downside to this is they take a pretty big percentage cut of the judgement. But on the flip side, they would probably fight much harder and get a bigger payout so maybe it would offset. Not fact - just guessing.

[HarleyDog]

My best advice would be: Don't hire any lawyers named Fred . You might get one that spends waaaaayyyyyy to much time litigating useless topics on NFL websites. 

[Bengalzona]

I was t-boned by a dude who ran a red light the week after 9/11. The wreck totalled my 10 year old Chevy Blazer and I had to have surgery to pull shattered glass out of my face. Otherwise, I was okay. Got a lawyer and their insurance settled for a low five digit number, enough to pay all medical and buy me a new truck.

I'd have to agree with Harley and the other guys: Get a second opinion. As much as you may like and trust this attorney, you have no idea what sort of side deals or agreements are made when there is a company involved. It is worth your time investment.

[fredtoast]

Pain and suffering should be at least twice your physical therapy bills.

Obviously all medical bills should be paid in full.

Big question is "How bad was the accident?". If it was just a low speed collision then there may be a question about the extenmt of your injuries. But if your car was destroyed then you have a better case.

You also mention a "history" of injuries. Have there been any claims for damages from another party on any of those. If you have received a settlement/judgement in the past that is a red flag to insurance defense attornies.

[HarleyDog]

(05-09-2017, 09:00 AM)fredtoast Wrote: Pain and suffering should be at least twice your physical therapy bills.

Obviously all medical bills should be paid in full.

Big question is "How bad was the accident?". If it was just a low speed collision then there may be a question about the extenmt of your injuries. But if your car was destroyed then you have a better case.

You also mention a "history" of injuries. Have there been any claims for damages from another party on any of those. If you have received a settlement/judgement in the past that is a red flag to insurance defense attornies.

Very good info Fredricko!

[The Caped Crusader]

Appreciate all the info guys. I've been trying to get as many opinions as possible. Unfortunately, I feel a bit stuck in my current situation with the lawyer. He claims to be an optimist, but I haven't really seen those results as of yet.

Writing out my response letter, and hoping it goes over well.

[HarleyDog]

(05-12-2017, 01:46 AM)The Caped Crusader Wrote: Appreciate all the info guys. I've been trying to get as many opinions as possible. Unfortunately, I feel a bit stuck in my current situation with the lawyer. He claims to be an optimist, but I haven't really seen those results as of yet.

Writing out my response letter, and hoping it goes over well.

Good Luck. :andy: