Settlement offer

[DrDusty86]

I will be going in for shoulder surgery from the car accident where the lady rear ended me driving a company truck when she had a suspended license. My estimated medical bills are just over $35,000 including the surgery. My lawyer's office informed me, the settlement offer was LESS than $15,000. Are they kidding? It's insulting that they would even bring a figure like that up. I REFUSE to sign anything so far. Should I pursue a different lawyer? EVERYWHERE I look says 4-5 times medical for a far starting settlement range. Why is it so far off?
Advise?
Dusty

 

[Dakota1820]

Ive always been told at least double the amount of medical bills and that's bare minimum. something isn't right talking to different lawyers probably couldn't hurt.

 

[DrDusty86]

Yes, I went to several settlement claim calculators and talked to a half dozen people.. 4-5 times the medical is a "far" starting offer. I have no idea why this lawyer is is doing this. Maybe he had them agree to $500k then he wants me to agree to $15,000, so he pockets $485,000 "without my knowledge" I don't really know. I'm going to request a copy of their offer letter tomorrow.

 

[Shannow]

When you guys get the "tort reform" that everyone is after, you will never see a cent of it.

The insurance will pay the hospital, and that's it, full stop. You don't get anything beyond "fixed" up to 25% "disabled", and the insurer will argue that when the ambulance drivers say (for a workmate's e.g.) that they are going to cut your dragon jeans off...by not protesting, you are agreeing.

 

[Burt]

Take the emotion out of it. (I know, easy for me to say)
Sounds like the other side is playing head games with you and it is working.

Did your attorney say if you should take the first offer and why? Are you willing to let this drag out or are you willing to take less to get it over quickly? Generally their best offer won't come until the day before this goes to court.

 

[Indydriver]

Originally Posted By: DrDusty86
Yes, I went to several settlement claim calculators and talked to a half dozen people.. 4-5 times the medical is a "far" starting offer. I have no idea why this lawyer is is doing this. Maybe he had them agree to $500k then he wants me to agree to $15,000, so he pockets $485,000 "without my knowledge" I don't really know. I'm going to request a copy of their offer letter tomorrow.

No attorney would do this. It would get them barred. They aren't going to risk their license to practice, at least not on a small case like this.

However, you are the customer and if you're not satisfied, there is nothing stopping you from shopping around. The fact that the other driver was on company business with a suspended license is a BIG DEAL and should put them totally on the defensive. Believe me, they don't want this one to go to court. I would sit down with your current counsel and at least get a good understanding of why they think you should accept such a low offer. Then, shop around. PI firms are a dime a dozen and they will work on contingency so there is nothing for you to lose.

My son is an attorney in this area. If you'd like a quick analysis of your case, PM me the details and I'll run it by him.

 

[JHZR2]

Whats the basis of you deserving 5x what the medical bill is?

Sounds awful arbitrary, regardless of what rule of thumb is.

Lots of folks try to get rich off of lawsuits, because they cant do it any other way.

Most anybody is incapable of simple mathematics and justification why they deserve something.

Are you permanently disabled or incapacitated? OK, how much? Can you not work at all? Do you work full time? How much slower/less can you dO because of your injury? Has your dr said it will be that way forever? Once you determine aspects like those, then you can maje a justifiable basis behind what is a reasonable settlement because of factual conditions that relate to what has happened to you.

Otherwise, regardless of how wrong the lady was (who likely has no money to protect anyway), youre just trying to pad pockets and dont have a good basis to do so. If you cant make a rational argument, then their offer is as good and right as any other.

 

[Trav]

Dusty be really careful messing with these swines, 99% of lawyers need to be buried with cork screws so they don't pop back up.

You need to find out how much the other party had for coverage and if they have a few bucks or not. If they only have 10/20000 min coverage like they allow in some states you will never see a dime more but that lawyer will drive his expenses through the roof.
33.3%+ expenses and leave you with a 2 grand. NOT illegal just unethical as it gets.
If the lawyer charged you to do a credit report on yourself thats a good indicator this is his game, look for it.

When i got hurt the German system doesn't allow lawyers to charge you a percentage instead they go after the insurance company for their fee outside of your settlement.
This is to prevent these games these ambulance chasers get up to in the US.

In my case my State workers insurance let me retire with 100% gross pay with COLA and the insurance gave me the same in addition too plus pay raises that i would of gotten if i had worked to 62 with a cash settlement and the bike replaced on top of that.
I have no idea how much the lawyer charged the insurance company for his fee but it did not come out of my settlement.

 

[Mixologist]

There is some epic stupidity in this thread and it's a prime example of why you shouldn't ask for legal advice on the internet.

First off you lawyer is required to tell you about any settlement offer and it's choice as to if you take it or not.

Second, if you do fire your current lawyer that lawyer will still get a massive cut in addition to your new lawyer so you'll end up losing WAY more to two different lawyers than you would have by just sticking with the first one.

 

[CapriRacer]

Dusty,

I hope you realize this is a negotiation.

YOUR lawyer is required to present to you ANY offer the other side makes. YOU aren't required to accept the offer and your lawyer is required to forward YOUR response to THEIR offer.

To help with this negotiation, you need to give your lawyer ammunition. What are your expected medical bills? What about unexpected bills? Pain and suffering?

And just so you know, I am not a lawyer, but have been involved in these types of negotiations from the company side. What you have to realize is that many companies are self-insured - which means they pay the small settlements themselves - small being a relative term. The larger settlement are paid by an insurance company. This means that getting an early settlement is advantageous as it is common for things to accumulate and the cost to rise.

What you have on your side if the fact that the court option is always available. Your lawyer should be looking at this - and considering what HIS cut would be. You should have a talk with him and get his take on this. If he thinks this is not going to result in a nice fee for him, he is not going to put in a lot of effort. Shame, but that is the way it works.

My advice would be to suggest to the lawyer that he present YOUR settlement offer of $100K - and that would include a 40% cut for him. Discuss that with him. Your tactic is to get as much as you can with the idea that included in any offer you would accept would include a cut for the lawyer's services.

 

[Trav]

Quote:
First off you lawyer is required to tell you about any settlement offer and it's choice as to if you take it or not.


Absolutely but it doesn't stop them from playing the expense game and cleaning a lot more than 33.3% of the settlement out.
He needs the lawyer to tell him how much coverage the other party has. Unless they have other assets he could civil suit them for thats all thats going to be offered lawyer or not.

A case when i was 20 yrs old and here in the US.
I got hit by a drunk driver in a car and got hurt pretty bad and hospitalized.
His insurance offed me 10K right away without a lawyer, everyone said get a lawyer so i did.
The lawyer said oh no we will go after them for a lot more than that so i agreed.

A year later the lawyer says well 10k is all we can get thats the limits of his insurance.
He took 33.3% + expenses.
IIRC $360 to do a credit report on me.
$100 for every phone call
$400 for every trip he claimed he made to the insurance company in Boston.

All said and done he cut a check to me for $2,200.
All legal!
When i came back to the US in 05 i went looking for him and I'm still looking, if i find him I'm going to prison if i get caught.
What i will do to this piece of human scum has been seething for 35 yrs.

 

[dwcopple]

Originally Posted By: Trav

In my case my State workers insurance let me retire with 100% gross pay with COLA and the insurance gave me the same in addition too plus pay raises that i would of gotten if i had worked to 62 with a cash settlement and the bike replaced on top of that.
I have no idea how much the lawyer charged the insurance company for his fee but it did not come out of my settlement.
Yahtzee!!!

 

[Trav]

Quote:
Yahtzee!!!

If i could have my shoulder back without the artificial joint, loose the 4 metal plates, get the 2 inches i lost in my lower legs back and not have to go through a punctured lung and other assorted broken bones i would gladly give them the money back and go back to my job.
Believe me there isn't enough money to make that kind of suffering worthwhile.

A drunk hit me broadside on my motorcycle on my way to work (considered a work injury) at 70Kmh when she ran a red light, she was 2.8 pro mil. I almost didn't make it man, life flight, long hospital stay and years of rehab, the whole nine yards.
The weather changes and i suffer in agony, lots of nerve damage.

 

[doitmyself]

Originally Posted By: Trav

Believe me there isn't enough money to make that kind of suffering worthwhile. .


I understand and empathize with you. My wife was hit head on 4 years ago by uninsured, revoked licensed driver and, in short, our lives are changed forever. Still dealing with unresolved medical problems, with another surgery coming up soon.

Still in a settlement fight. Their lawyer's first volley this spring was that my wife did not try hard enough to avoid the hit. Good grief, the games that are played.

 

[rjundi]

They likely have a settlement # in mind but of course offer low. Some people jump and yeah they did not pay out as much. It also lowers your expectations as they raise up and you bite at a lower offer.

Bunch of mind games. Do your best to summarize logical expenses like medical, lost wages etc. And then logically think about each offer.

This is my findings working IT consulting gig with a corporate legal team. I wrote a tracking app specific to what is going on.

 

[Mixologist]

Originally Posted By: Trav
Quote:
First off you lawyer is required to tell you about any settlement offer and it's choice as to if you take it or not.


Absolutely but it doesn't stop them from playing the expense game and cleaning a lot more than 33.3% of the settlement out.
He needs the lawyer to tell him how much coverage the other party has. Unless they have other assets he could civil suit them for thats all thats going to be offered lawyer or not.



Pro bono work is always 33.3% + expenses which means you'll always get less than 66.6%. Attorney expenses are negotiable and if an attorney does try to pull some shyster stuff there are avenues which can remedy that stuff.

The amount of coverage the other party has is irrelevant because you're going after the person not their insurance. If they only have $10K in insurance that only means that ins. is only going to pay out a max of $10K the rest is the burden of the person at fault.

 

[Mixologist]

Originally Posted By: DrDusty86
My estimated medical bills are just over $35,000 including the surgery.
Dusty


Did your heath ins. pay for this or your auto ins.?

 

[DrDusty86]

1.I have no health insurance.
2.My attorney wanted my to file medical claims on MY insurance..ODD
3. JH, This shoulder injury has affected my dominate side, I have right side paralysis ..serious??you tell me.

 

[azjake]

How much coverage does the person have on their insurance. Your lawyer should be able to tell you that. Here in Arizona the minimum is only $15,000. Do you have under insured motorist coverage. That would kick in at least for medical expenses if their insurance can't cover it. Beyond that suing the individual only works if they are wealthy. If they're not your lawyer isn't going to waste his time.

 

[DrDusty86]

Jake,
It was commercially insured so 250k-500k?? The truck was registered to a rather large company..

Mix, These are outstanding charges..