Hire a lawyer or settle with ins. co.?

[regina970]

What is the name of your state? LA
I was a passenger in a car and the driver pulled out into the intersection and was broadsided. I was taken to the hospital and went through numerous tests and seemed to have just major bruising. The insurance company has been very cooperative and seems willing to pay all medical bills and has said they will take care of my pain and suffering.
Do you think I should hire a lawyer and go through that process or just negotiate with the insurance company?

 

[ecmst12]

Your case is not worth enough to make hiring a lawyer worth it. Do not expect to get more then a token amount for pain and suffering since you had no serious injuries and didn't have any treatment beyond your initial evaluation.

 

[las365]

You don't say when the accident happened but it sound pretty recent. Just make sure that you get follow up care of you need it, and let the bruising and soreness fully heal before you agree to a settlement amount. As long as you have no ill effects from the wreck other than the ones you already know about, I completely agree with ecmst12.

 

[regina970]

Thanks for your replies. That is about what I was thinking. The total medical bills are about $3,000.00. A law firm offered to represent me and their fee would be 37%.
Why would a Lawyer offer to take the case when the stakes are fairly low? Would this be worth their time and effort?
.

 

[las365]

5. Mileage to and from the place where you get medical treatment
6. Any unforseen expenses (medical especially) that may arise in the future
7. Anything else that you feel is relevant.

Mileage is a new one to me, maybe that's a state-by-state thing.

To my understanding as a non-lawyer, you can't collect for "unforseen expenses that may arise" but you can make a demand for future expenses that you can prove are likely.

"Anything else you feel is relevant"? What a claimant "feels" doesn't mater if it isn't compensable and provable. Try "anything else that is compensable under the law."

 

[You Are Guilty]

Mileage is a new one to me, maybe that's a state-by-state thing.

To my understanding as a non-lawyer, you can't collect for "unforseen expenses that may arise" but you can make a demand for future expenses that you can prove are likely.

"Anything else you feel is relevant"? What a claimant "feels" doesn't mater if it isn't compensable and provable. Try "anything else that is compensable under the law."

Not exactly true. In a lawsuit, yes, you only get compensated for what's permitted by law. In a settlement, you can ask for, and receive compensation for, just about anything you want. So if you want to ask for an extra $15,000 for a boob job, you are free to do so. (Of course, the more unreasonable the request, the higher the chances the other side tells you to take a long walk off a short pier.)

So, let the insurance company make you an offer. If it's acceptable to you, take it & move on. If it's not acceptable, take that offer to a lawyer. Ask the lawyer to represent you and offer them 33% on any amount ABOVE that amount (not the full amount). Afterall, if you are going to hire a lawyer, they shouldn't get paid unless they are going to get you more money than what you were offered in the first place.

Interesting idea, but I don't know of a lawyer on the planet who would ever go along with it. Can't hurt to try though.