Major Auto Injury Settlement Questions

[ab3375]

I was hit by a drunk driver while riding the back seat of a motorcycle(first time on one)in May 1996 in NY. My immediate injury was the loss of my left leg(below the knee) and 10 surgeries there after, one of which was opening my baack to remove a muscle to use as tissue to save my knee. And another was the removal of one stomach muscle and my entire lower abdonmin 2 years later to save the knee again because the previous tissue died.

Over 4 years later and 1 month before trial the Motor Cycle Insurance comp. will settle for $900,000 on a policy of 1.1 million. The drunk driver only had $100,000 and rite aid who sold him the last beer has offered $50,000.
Now my questions 1) should I take the offer from state farm since it is less than 200,000 from the total policy
2)is there a sliding scale for the 33% legal fee when it is above a certain amount in NY State
3)No insurance company offered to pay for the medical expenses(over 200,000)therefore I have to pay from my settlement. Is this correct? My lawyer seems to think so...

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Nope, you pay your medicals from your settlement (past, present, future) Hence, why the settlement is so high.

Have you though of asking lawyer to rebid each of the people at fault? Counter offer for say 25k more from each?

Don't accept the flat offer OR ask them to pay your attorney's fees and go from there.

 

[ab3375]

Can you clarify your answer about accepting a flat offer? Since StateFarm offered 800,000 and I contered with 900,000(which they accepted) a day later, is this what you mean?
Also, am I applicated to take this offer since I contered? Also, what about the lawyer fees, should they take a smaller amount than the 33%? Thanks, this helps alot.