Do we need a lawyer and how do choose one?

[Leader of the Club]

My 18 y/o daughter was a passenger in a van that was hit head-on by a widely known package delivery truck. It was a new driver and his fault and the police report reflects this.

She went to the ER by ambulance and is banged up, but not broken. She will need physical therapy for her injuries.

I would like the delivery company to pay for her medical expenses. Do we need a lawyer? and how do you choose one? I am afraid of the flashy TV Personal injury lawyers.

 

[kandeebunny]

I wouldn't rush right to get a lawyer see if their insurance company pays for her bills, if not THEN resort to a lawyer.

 

[kctwinmommy]

I wouldn't rush right to get a lawyer see if their insurance company pays for her bills, if not THEN resort to a lawyer.

I agree... check with your insurance company first, cuz they'll be going after the other company to make sure they pay all that they should. Hope she's better soon.

 

[Praying Colonel]

If you're only looking for someone to pay medical expenses, you probably don't need an attorney right now. Many states (like my state, Kentucky) have mandatory coverage for medical expenses in automobile coverage. Check your policy and contact your insurance agent for more info.

If you do decide to hire an attorney, hire one the same you'd hire somebody to perform some other service for you, like paving your driveway, taking a tree out of your yard, etc.:

--Consider feedback from friends, both positive and negative;
--Don't hire the first one who says s/he'll take your case--s/he may not be very good, or very experienced in your kind of case, or s/he may charge much more than the going rate;
--Sit down and talk with them, and make it a situation where you're interviewing them as much as they're interviewing you--find out how much experience they have with this kind of case, whether they'll be handling your file or whether someone else in their firm will be taking primary responsibility, how they expect the case to proceed, etc.
--Judge how likely they are to handle the case assertively. The #1 complaint most folks make about attorneys is "I gave the guy/gal my case and I never heard from them again--they didn't keep me updated on my case status, no one ever returned my calls and I had no idea what was going on." You'll be giving them a good bit of the fee for the case (anywhere from 33 to 40% is what most Plaintiff's attorneys take as a fee, plus expenses). You have the right to expect prompt, quality representation. If you get the idea you won't get it from that attorney, keep looking.

Hope your daughter feels better. (And or course, don't consider this a substitute for legal advice. See an attorney in your area for that.)

 

[shoegirl1020]

I would say to get a lawyer (maybe because I work for one). If you recently purchased a house and used a lawyer maybe you could use them? If not try the local Bar Association. They normally have an attorney referral service, where attorneys sign up to receive referrals. I would try to stay away from the firms that advertise big on tv and you should never have to pay any fee up front to any attorney.

it's important to get a lawyer before your daugther talks to the insurance company. The smallest thing your daughter says in any statement could be taken out of context and affect the insurance company from paying 100% of her bills.

 

[Green Tea]

See if the company will willingly pay the claim. That is why people/companies have auto insurance. I can't imagine they will quibble. As long as they take care of the bills then no law suit is necessary.

 

[Stein]

The big question is whether she will have lasting injuries. Sometimes this is difficult to tell as everything may appear fine for some time then it shows up.

My suggestion would be to find a good attorney who can at least offer you suggestions on how you can settle on the current medical charges while not giving up your right to claim more later.

Their insurance company will likely offer you a check such that when you cash it you are legally forfeiting any rights in the future. This could be a bad thing if expensive medical treatment is required.

Their insurance company has plenty of attorneys working their side and it is their best interest to get out of this event for as little money as possible, not exactly what is best for your family.

My wife was hit from behind while she was stopped at a red light. She had ben stopped for a minute or two already and some joker just plowed into her. She was also pregnant at the time. Joker's insurance tried to feed me this line of BS that they weren't responsible for all of the medical and if I sued, the jury wouldn't find them responsible. Don't assume you are dealing with intelligent life form when you are talking with them.

It won't cost you much to make sure she is taken care of.

 

[Praying Colonel]

Oh, and 1 other thing. Each state has a time period for bringing a lawsuit (statute of limitations) for different kinds of cases. In my state, Kentucky, it's 2 years from the date of the accident or last payment of no-fault benefits, whichever is greater, but each state has it own rule and your state may be less. If your daughter doesn't file within the applicable time period, she'll be forever barred from pursuing any type of claim arising from that accident.

So if for no other reason, it's probably good to consult with an attorney in your state just to make sure you know what the applicable statute of limitations is and act within that time period.

 

[WendyisDarling]

I was in an accident years ago. I had to go to the ER. So, my medical insurance went after the at fault driver to pay those bills.
If you think your daughter may have lasting injuries, you definitely need an attorney. Get some referrals from friends and co-workers.

 

[truedisneyfan]

Make sure they are going to pay for physical therapy and her Rx. Someone hit me for behind and it was his fault so his insurance had to pay.

I had to pay the deductible for the doctor everytime and then his insurance would reimburse me. The insurance company told me that they would not pay from Rx. I told them that I would not be on medicine if the guy had not hit me. So they were not that happy. The insurance person acted like it was his own money.

 

[cruizie]

Get a lawyer! You can ask for referrals from friends or call the state bar association - you can google "your state" bar association and the website will come up. There is generally a referral section or if there is a law school where you live, they usually have a law clinic and can give you a referral.

 

[KingTryton]

I did not see this mentioned anywhere above. You will soon be contacted by the insurance company covering the delivery service. Do not be misled by them asking for you to sign a release so that they can pay for your medical bills. DO NOT SIGN IT! This is always the first attempt to get you to sign a release. If you are not careful you will have signed away most of your rights in bringing suit.
Let the medical bills come, they will be paid usually through your insurace first then they will subrogate and go after the at fault insurer.
You would be wise to consult an attorney just for peace of mind.

 

[RyJMom]

Just another opinion here - but I would not run out and get a lawyer. The other insurance company is going to pay all her expenses plus any lost wages plus they will probably throw in a little extra for pain and suffering. Why share 30% of that with an attorney? If you get into the claim and you don't feel they are treating you right you can always get an attorney at that point. You also need to report it to your insurance company. Some states have personal injury protection coverage and if you have that she will also get paid under your policy. Your own insurance company will be happy to advise you. Good luck.

 

[ess]

Rule number one: See an attorney

Rule number 2: Don't talk to anyone, most of all the other insurance company. They love it when the other party talks to them and they can convince you on what to do...big mistake on your part.

Yes, I work for attorneys, have for over 20 yrs...you learn a lot.

 

[ZPT1022]

The big question is whether she will have lasting injuries. Sometimes this is difficult to tell as everything may appear fine for some time then it shows up.

My suggestion would be to find a good attorney who can at least offer you suggestions on how you can settle on the current medical charges while not giving up your right to claim more later.

Their insurance company will likely offer you a check such that when you cash it you are legally forfeiting any rights in the future. This could be a bad thing if expensive medical treatment is required.

Their insurance company has plenty of attorneys working their side and it is their best interest to get out of this event for as little money as possible, not exactly what is best for your family.

My wife was hit from behind while she was stopped at a red light. She had ben stopped for a minute or two already and some joker just plowed into her. She was also pregnant at the time. Joker's insurance tried to feed me this line of BS that they weren't responsible for all of the medical and if I sued, the jury wouldn't find them responsible. Don't assume you are dealing with intelligent life form when you are talking with them.

It won't cost you much to make sure she is taken care of.

I agree about making sure you don't sign anything without an indication of what the injuries will be in the future. I was in a car accident in September 2003 and I still have problems from it, and always will. At the time it never would have occurred to me that I would still be suffering now from what happened four years ago. I hope that is not the case for your DD but it doesn't hurt to make sure she is covered just in case. Good luck

 

[ExPirateShopGirl]

Don't let the fact that the other driver works for a major company put $$$ signs in your eyes.

It is the responsibility of the insurance company of the driver in whose car she was a passenger to go after the delivery company's insurer. She is covered as a passenger under the driver's policy. The driver's insurer will (depending on your state) either pay your daughter's medical expenses or go after the other guy's insurer.

Insurance is designed to make people who suffer injuries in accidents whole again. If your daughter's medical expenses are paid (all costs, including therapy) and she is compensated for lost wages, she is basically whole.

Unless she feels that her injuries are far more serious than initially thought, you don't need an attorney to help you sign a settlement agreement. In fact, the attorneys who are employed by your daughter's friend's insurance company should be negotiating this on her behalf, if the other driver is determined to be at fault. This is the real difference between insurance companies.... the quality of their bulldogs.

Couple of simple concepts to remember. One, your daughter deserves to be made whole. She doesn't deserve a $3m settlement. Unless you can prove it was anything other than an unfortunate accident, and your daughter is extensively disabled, you have little chance of recovering more than that. Also, the insurer will want to get the matter settled in a timely manner. They will often offer a couple of thousand dollars on top of what your daughter's costs are to speed things along. Nothing wrong with taking such an offer if you are sure her injuries are minor and treated. If you hire an attorney, you may recover more money, but the attorney will deduct his 33% off the top. Then he will deduct his costs.

Good luck.

 

[swilshire]

I was in an accident years ago. I had to go to the ER. So, my medical insurance went after the at fault driver to pay those bills.

I agree that your medical insurance will probably go after the company for reimbursement. My DS19 did something stupid in his own front yard and broke a finger. After a few of the bills went in to the insurance company, I received a lengthy questionaire, obviously looking for someone to go after for reimbursement. I was afraid they might do something crazy like go after my homeowners insurance, but since he actually lived there, I never heard anything more about it.

Sheila

 

[Melrosgirl]

I used to work for personal injury attorneys, and I've also been in car accidents where I used an attorney when needed (twice). I only used an attorney if the other side was refusing to pay bills. (One company said I was not hurt, so I had to sue them, and I won after going through arbitration.)

So only use them if you need to. If it's a well known company, you should have no problem.

When interviewing attorneys, I think smaller is better. Who returns your calls? How soon does he return your calls? Does he seem sincere?

 

[Leader of the Club]

OMG! This is all so overwhelming!

Thanks for all of the advice. I love you guys!

 

[BellePrincessBelle]

Rule number one: See an attorney

Rule number 2: Don't talk to anyone, most of all the other insurance company. They love it when the other party talks to them and they can convince you on what to do...big mistake on your part.

Yes, I work for attorneys, have for over 20 yrs...you learn a lot.

Thats the best advice you can get.