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Semi-Accident and huge medical and long term bills

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alchemist

Member
What is the name of your state (only U.S. law)? IN

My father was involved in a serious accident (T-boned) by semi who swerved into a turn lane to avoid hitting the driver in front who stopped for a red light. Semi traveled thru the intersection in a turn lane and hit him right in the door.

Medical bills at this point are in the neighborhood of 200-250K after two weeks in the hospital (airlift and crainiotomy) and anticipate another 100-150K in therapy in the comming months (speech and physical).

Getting ready to meet with the family attorney's partner in the firm who specializes in personal injury.

My biggest concern is will the bulk of the potential case just be medical bills on the order of 300-400K? He has unisured/underinsured coverage as does the CDL driver. I worry that if the bulk of the case is just medical payments, our family would be left "holding the bag" as a contingency fee arrangement will just eat into bills that should easily be paid by the auto insurance companies and then health insurance (who would recover anything 1st from a settlement)

If the bulk of any claim would not the the "slam-dunk" payment of hospital bills, then a contingency arrangement makes more sense as it would not eat into what needs to be paid to the various hospital service providers who saved his life.

Meeting with the attorney this week, and just want to be prepared.
 


justalayman

Senior Member
chat with the lawyer and ask him exactly what you asked here. If he does not see a realistic possibility of an award far exceeding the medical bills, it does not make sense to sue.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? IN

My father was involved in a serious accident (T-boned) by semi who swerved into a turn lane to avoid hitting the driver in front who stopped for a red light. Semi traveled thru the intersection in a turn lane and hit him right in the door.

Medical bills at this point are in the neighborhood of 200-250K after two weeks in the hospital (airlift and crainiotomy) and anticipate another 100-150K in therapy in the comming months (speech and physical).

Getting ready to meet with the family attorney's partner in the firm who specializes in personal injury.

My biggest concern is will the bulk of the potential case just be medical bills on the order of 300-400K? He has unisured/underinsured coverage as does the CDL driver. I worry that if the bulk of the case is just medical payments, our family would be left "holding the bag" as a contingency fee arrangement will just eat into bills that should easily be paid by the auto insurance companies and then health insurance (who would recover anything 1st from a settlement)

If the bulk of any claim would not the the "slam-dunk" payment of hospital bills, then a contingency arrangement makes more sense as it would not eat into what needs to be paid to the various hospital service providers who saved his life.

Meeting with the attorney this week, and just want to be prepared.
Any settlement you agree to should factor in the amount that will be eaten up by the attorney's fees. If you are concerned that what is being offered isn't going to be enough, then make sure to have the attorney adjust their asking price accordingly to allow for it.
 

Adam G

Member
Without question hire an attorney on a contingency arrangement. A competent attorney pushes this case well into the seven figures. Be careful just hiring the partner of the family attorney. Your father needs an expert, preferably one who is not afraid to just try the case. Many PI attorneys just try to settle and take their 1/3. You wont get full value from the defendant's insurance company without a credible threat to try the case.

Medical treaters will put a lien on the case in the amount of their bills. The treaters then share pro rata in a percentage of the total verdict/settlement. In Illinois, the value of the lien is capped at 40% of the total verdict/settlement, which ensures that the plaintiff walks away with something at the end of the case. If the total bills exceeds 40% of the verdict/settlement, then your lawyer either negotiates them downward or "adjudicates" them before the trial judge.

I'm an attorney in Illinois and can answer any further questions you have.
 

ecmst12

Senior Member
Although the bills in this case are quite high, since it's a commercial vehicle, I would actually expect the driver/employer to have sufficient coverage that dad won't have to worry about maxing out the policy.
 

ecmst12

Senior Member
Your post was reported to the mod because you claimed to be an attorney and such claims need to be verified by her if you're going to so publically claim. She'll be contacting you and will probably restore your post if your credentials check out.
 

Adam G

Member
Not trying to sell you on anything, just sayin! I hope that the OP reads what I wrote at some point. I've been around the block once or thrice with cases like this.
 

alchemist

Member
Thank you all for the information. I plan to ask the attorney those questions.

Based on the driver's age and lack of experience, I expect him to have the state minimum coverage (1MM).

I do respect the attorney as when we 1st spoke and the at fault party's insurance was cloudy/unknown (new policy) we told him that we had a xxxK un/under insured policy, but he even recognized med bills would possibly take all of that(he said it before I had a chance to say the same), so he gives the feeling that he is looking out for our best interests.

After making sure he gets better, the last thing we want to see if the family eating medical bills that as of now should easily be paid without a lawsuit (personal auto followed by health insurance then subrogated by the health insurance company).

I hope we can structure whatever fee arangement around ensuring the med bills get paid no matter what prior to any fees comming out as thats the easy part, the pain/suffering is the more esoteric part that the lawyer really earns his money on I would think.
 

Adam G

Member
Most of your questions were answered in my deleted post. The treating physicians put a lien on the case and their share of the settlement/verdict is capped by statute. In Illinois it is set at 40% and all the treaters share pro rata. I'm not sure what percentage Indiana caps it at, but it is probably similar.

A mediocre attorney will get $600-800k on this case. An attorney who knows what he/she is doing will push it well into the seven figures. Either way you shouldn't be paying doctors out of pocket.
 

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