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#1 sololegal

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Posted 24 February 2013 - 04:45 AM

On 10/28/2010 My wife and I got involved in a minor car accident at a gas station in Miami Florida. I was driving a grand caravan with PIP insurance. My car only sustained minor scratches where as the defendant's small car sustained a rather significant damage. The police came and gave the other driver a ticket for careless driving.

Because my wife was on the side of the impact she got the worst of it so we decided to hire a personal injury attorney
Ten years ago she had a brain tumor. She had surgery and then chemotherapy and because of that she is very sensitive to any kind of impacts and she got social security disability. SSI

Since I was not really hurt the attorney abandoned my case. But referred my wife's case to a trial attorney. I later signed a $1,500 release check. Big mistake.

My wife continued with medical treatment. The defendant had a policy with state farm for $25,000. I had PIP for $10,00 each

After almost three years of going back and forth to chiropractors, neurosurgeons, Xray appointments, MRI appointments. State Farm is offering $15,000 for pain and suffering. We think this is a low ball offer since her medicall bills are almost $30,000.

We asked our what will be the exact amount we would get under this proposal. He says he can only give us an estimated amount because the medical bills are still subject to adjustments even-though our PIP already paid most of it. so he can only give us a ballpark figure of $4,000.

We think we are entitled to an account of the gross settlement.

On the other hand should we turn down this offer and go to trial?

#2 adjusterjack

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Posted 24 February 2013 - 08:44 AM

Since I was not really hurt the attorney abandoned my case. But referred my wife's case to a trial attorney. I later signed a $1,500 release check. Big mistake.


No it wasn't. You were "not really hurt." If your claim was worth $1500 then, it's worth $1500 now. Not signing would not have given you any leverage on your wife's claim, if that's what you are thinking.

After almost three years of going back and forth to chiropractors, neurosurgeons, Xray appointments, MRI appointments. State Farm is offering $15,000 for pain and suffering. We think this is a low ball offer since her medicall bills are almost $30,000.


Of course it's a low ball offer. What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much. Until then it’s all a matter of negotiation.

We asked our what will be the exact amount we would get under this proposal. He says he can only give us an estimated amount because the medical bills are still subject to adjustments even-though our PIP already paid most of it. so he can only give us a ballpark figure of $4,000.

We think we are entitled to an account of the gross settlement.



I don't know what you mean by that last sentence. The lawyer gets his cut first and the remaining bills have to be paid out of the settlement before you get what's left. What he's referring to by "adjustment" is that medical bills can be compromised by the providers and reduced as full and final so they can get paid sooner instead of later. There's no way the lawyer can know the amounts until it's a done deal.

If you agree to settle just make sure you see the written compromises from the medical providers before she signs a settlement agreement.

On the other hand should we turn down this offer and go to trial?



That would be my vote.

Right now your lawyer is probably dealing with the insurance company's claim rep. Once he files suit, the suit has to be turned over to the insurance company's attorneys. That's when the insurance company has to weigh the cost of attorney fees against the cost of settling. The more work their attorney has to do over a period of months the more money they spend on legal fees.

They've offered $15,000 out of a $25,000 limit.

The insurance company's legal fees will exceed that difference very quickly.

Sure, it's possible that the insurance company will hold the line at all costs but, traditionally, the longer the litigation drags on the better the offers get. No guarantees, of course.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 sololegal

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Posted 25 February 2013 - 05:41 PM

2 years ago my wife was in a car accident.

Her medical bills are almost $30.000 . Part of this was paid by her PIP $10.000.

My lawyer said the remaining bill balance can be adjusted after the settlement.

That means i wont know exactly what her cut is going to be after they pay medical bills, attorney fees, etc.

Our attorney says the medical bills can be adjusted.

The insurance company sent a proposal to settle for $15.000 with 30 days expiration date He gave us a ballpark figure of $4.000. Our

should settle for that.

The doctors have said she needs more treatment. However, our attorney says we ought to settle.

If my wife chooses not to settle and not to go to trial. Can they force her to settle or go to trial?

My wife already asked the lawyer she needs to see the doctors again and not until she gets a report that she is completely healed she

will proceed to settlement or trail

So my question is can the lawyer force her to sign the proposal for settlement the plaintiff sent?

Edited by FindLaw_AHK, 04 March 2013 - 09:01 AM.
This post has been moved to the appropriate discussion. - Moderator]


#4 adjusterjack

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Posted 25 February 2013 - 06:16 PM

DUPLICATE POST.

Please add any additional questions to your original post:


http://boards.answer...ent-settlement/

Thank you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 pg1067

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Posted 26 February 2013 - 07:30 AM

The insurance company sent a proposal to settle for $15.000 with 30 days expiration date He gave us a ballpark figure of $4.000.


First of all, does the second sentence above mean that your wife's attorney estimated that your wife will receive $4k after her medical bills have been paid and the lawyer takes his cut? Second, does the $15k figure represent the limit of the other driver's liability coverage?


If my wife chooses not to settle and not to go to trial. Can they force her to settle or go to trial?


Given the premise of this question, it hardly makes sense (and it's not clear who "they" are), but no one can force your wife to settle, unless your wife's retainer agreement with her lawyer contains some sort of provision that allows the lawyer to settle the case without her consent in certain circumstances (e.g., if the insurer makes a policy limits offer) (and assuming such provisions are enforceable in your state). If your question was whether your wife must do one or the other (settle or go to trial), the answer is yes. If the case does not settle, it will proceed to trial according to the procedural laws of the state where the lawsuit is filed. If it goes to trial before she is fully recovered, then she will have to seek damages based on anticipated future medical expenses.

#6 Guest_FindLaw_Pierre_*

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Posted 26 February 2013 - 12:01 PM

DUPLICATE POST.

Please add any additional questions to your original post:


http://boards.answer...ent-settlement/

Thank you.


Thank you Adjusterjack.

Please follow up with your original post in order to get the best answer.

#7 Guest_FindLaw_Pierre_*

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Posted 26 February 2013 - 12:02 PM

Hello and thanks for posting. I noticed that you had a duplicate post on the boards. Please only place your post in one spot so that you can get the best possible answers. Thanks.




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