[.:Shortcake:.]

Okay so I told you guys about the accident... well the insurance company is being really crappy about everything.... I had to beg my doctor to let me come back part time because we need the money... my bosses are being horrible and wanting me to do more than I can... till I get home I'm in agony after only 4 hours. DH thinks we should get a lawyer to take care of everything because he sees the stress it's putting me under.. what are your opinions. Do you think involving a lawyer will help or make things worse?

[lindsey2000k]

I would say go for it.... but My only worry is what if it ends up costing you more than you are losing by not working?

[.:Shortcake:.]

See that is my concern as well. But DH wants to see one of those lawyers who only take your case if they know they will win it and you pay them nothing up front, their money comes out of your settlement. He said that he's just worried that we are going to end up losing a lot of money if we don't. If I need surgery I will be off work for 6-8 weeks

[LindseyE117]

Ok let me tell you is happening in our case. (Remember this is ONLY our case and may not be the same in your case).

The lady who tboned us going 50 mph (and almost killed us, the paramedics were suprised that we were not dead or severely injured to say the least) was a repeat offender and had "high risk" liability insurance. Basically the only insurance that she could get. Anyway, her insurance people were horrible!! First they refused to give us what the car was worth because they claimed that there was previous damage to the car (how they could tell this is beyond me because the car was completely totaled), then it took them 3 months to give us half of what the car was worth. During this time, we still had to make car payments and insurance payments by law. Thank god we got insurance through our credit union that if this ever happened, the bank would cover the rest of the loan that the insurance would not cover. I HIGHLY recommend that. We spent over $1k on payments even though we had NO car.

We got a lawyer. I broke my foot, had whip lash, suffered cuts and cruises all over my body and so did my children. Both of my children also had severe whip lash. We went to a doctor for 3 months and then stopped because my work threatened to fire me if I missed anymore work for this. This was also during the big recession and they were itching for excuses to let people go. They would not even let me come back to work light duty. It was either full duty or nothing at all. I was on crutches.

Now, this is back in Nov of 2009. We STILL are in court. The refused to pay for our medical bills and our usage (not having a car for 3 months and still making payments). Our medical equals $10k after insurance. They offered us $4k. We now have to go to litigation. This can be bad or good. I don't even care about making extra money, even for the time missed from work, I just want all my medical bills paid off and my usage paid!

So in my opinion, YES, get a lawyer, but make sure he is a d*mn good one. Mine sucks a**!! Otherwise we would not be here in this situation. Do not go for those stupid TV ad ones either. You are only a number to them.

[.:Shortcake:.]

Lindsey thanks for your story. I know we should get one I just am worried that if we get one we are still going to get screwed. I don't care about extra money either, I just want my medical bills, car & lost income. It's so frustrating.

[lindsey2000k]

Lindsey Brought up some good points.... sometimes these things can take YEARS.
It is the insurances companys goal to not pay you and they have entire companys working for them who do just this.
So you may need the money right now but probably wont see a peny for years from now. Not to mention the time off work to meet with lawyers, court etc.
but if you win and get back pay for all your troubles and pain, then it just might be worth it.

[joanna26]

I would say yes based on our experience:

Several years ago DH was rear-ended by a guy going 50 mph (DH was completely stopped). He suffered severe whiplash, nerve damage in his neck/shoulder/back, and serious damage to his shoulder that required surgery and lots of therapy. He couldn't work for a couple of months and there were significant medical bills. The guy who rear-ended him had insurance with All-State. They initially refused to cover anything but the damage to the vehicle, claiming that based on their statistics he should not have been hurt that badly. Frankly they were a nightmare to deal with - the guy basically told me the only way they would pay is if we got an attorney and sued. I am typically really opposed to involving attorneys unless there is no other option, but at some point I had enough of their crap. We hired an attorney. He told us to deal with getting DH back to normal, track all the medical bills and time off work, and then send him the records once the whole ordeal was over. Within a couple of weeks of receiving the info, he negotiated a settlement for policy limits on the guys liability policy (which was only $25K - not sufficient to cover even half of the bills) and then he submitted the rest of the charges under the uninsured motorists clause of our insurance policy for another settlement. I believe he took 1/3 of the settlement, a portion went to our health insurance company for the medical charges that they covered and we kept the rest. He never actually sued All-State - just sent them what was effectively a demand letter and negotiated from there.

Anyway, I'm so sorry you are having to deal with this. It really sucks. But I would recommend getting an attorney. It should not cost you anything out of pocket, they will simply take their fees from the settlement.

[.:Shortcake:.]

Well from what I was told the lawyer I'm thinking of going to pays you your paychecks each week just like you would if were working because they get that back at settlement. I'm just so torn.

[*SamF*]

I agree get a lawyer! My only real experience was years ago, I got hit by a drunk driver, he fled the scene, but was stopped about 2 miles up the highway. I don't know a lot of the details about what happened, I was 19 at the time and my parents handled pretty much all of it. But I know I get better compensation. He charged at that time I think 33% of the settlement.

[joanna26]

Originally Posted by .:Shortcake:.

Well from what I was told the lawyer I'm thinking of going to pays you your paychecks each week just like you would if were working because they get that back at settlement. I'm just so torn.

What happens if the settlement is insufficient to cover what they have paid you? Just make sure you understand all the details up front.

[.:Shortcake:.]

Thanks ladies. I think I'm going to have to give in and call them.

[StaceygirlPa]

I will tell you my story Katie. I hope it helps. I was in a car wreck couple of years ago on my way to a family emergency. A lady real ended me in 5 o'clock traffic. We weren't going that fast so I really didn't think I got hurt. The officer kept asking me if I wanted to go to the hospital since I was already walking slow and stiff. I said no I will be ok. I still had another hour and half to drive to get to my family. The lady that hit me was a foreigner and was in a rental car. Since she was in a rental car and a foreigner it made everything harder. After I finally got to where my family was I could hardly get out of the car. My back was so sore. When I finally got home I went to my doctor and he said since we weren't going that fast the car didn't take the hit like it was supposed to. He said I took the hit and she did permanent damage to my back. Since the car she was driving was a rental my insurance company and rental car insurance company were really fighting. No one wanted to pay for my medical bills which were pilling up. I had collectors starting to call me. My mom said I should get a lawyer. I didn't have the money for a lawyer. When I started calling around for one of those lawyers that say you don't pay anything unless we get money for you no one wanted to touch me because she was a foreigner. I called Marcus & Mack Lawyer firm. They were really good and took my case. The first thing they did was send a letter to the bill collectors to stop them from calling. It took two years but I did end up getting a pretty good settlement. I think it would be worth giving them a call and seeing what they say. I don't think I would have gotten anything if it wasn't for them. Sorry this turned out so long. I hope this helps you Katie.

[pepper73]

I totally agree with the others to get an attorney. Insurance companies suck and have so many resources to get out of paying. I agree to make sure you get all details about what your responsibilities are and I would even ask them for references. I'm sorry your bosses are also giving you a hard time. I hope they back off and understand how much pain you are in.

[.:Shortcake:.]

Originally Posted by joanna26

What happens if the settlement is insufficient to cover what they have paid you? Just make sure you understand all the details up front.

I honestly don't know. I'm going to have to check into it more.

[missy123]

Call a bunch of lawyers. They will charge you about 35% of the settlement but they will get back much more for you so it is worth it. Also tell them about your work dilemma.... AND go to your HR department at work - you are entitled to go out on disability - if they fire you as a result you will get unemployment when the disability runs out.

Insurance companies have lawyers on their payroll to protect them - you should have one on your side as well.

[.:Shortcake:.]

Originally Posted by missy123

Call a bunch of lawyers. They will charge you about 35% of the settlement but they will get back much more for you so it is worth it. Also tell them about your work dilemma.... AND go to your HR department at work - you are entitled to go out on disability - if they fire you as a result you will get unemployment when the disability runs out.

Insurance companies have lawyers on their payroll to protect them - you should have one on your side as well.

We don't have an HR department because we are a small business. The bosses wife handles that stuff and to put it nicely she sucks. They won't fire me... they just like treating me like crap.

I think when I get off work today I'm going to call around.

[melissalaw]

Katie, I'm an attorney and we normally charge one-third of the settlement for our attorney fees plus expenses. Did the guy who hit you have car insurance? If so your attorney will try to collect off his insurance then collect off the driver for anything insurance doesn't cover. I have never paid someone for their loss earning while I am working for them. That's something new. Definitely get a retainer agreement signed with the attorney which should set out exactly how much everything will cost. Make sure there is something in that agreement regarding the loss earnings that he pays you and how you would pay him back if he doesn't win.

I would recommend getting an attorney because he/she can do everything for you and you don't have to worry. You should get all of your medical bills paid, plus the cost of fixing your car, plus loss earnings. he can also ask for payment for pain and suffering for both you and your husband. If you husband is missing any work, he should be able to ask for those loss earnings also. Definitely call some one. In Tennessee we have a one year statute of limitations to file a law suit or you are banned forever from bringing one. I'm guessing your state has something similar. Let me know if you have any other questions. I'll try to answer if I can.

[.:Shortcake:.]

Thanks Melissa! I'm going to call around this afternoon and see what I come up with!

[StaceygirlPa]

Good Luck Katie. I spent two days calling around before I picked the laywer I did.