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Settlement received

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NJInjury

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

I will be receiving a settlement at policy limits for an accident that occurred almost two years ago. Trial was scheduled for next week...and settlement was reached.

It seems the whole process was more a formality than anything and everyone involved knew that policy limits would be paid out eventually due to the severity of my injuries (arbitrator estimated the case being worth $750K.

I did use an attorney and he is getting his %, but what I am wondering is if I had not used an attorney, would I still have been awarded policy limits without too much effort...or would the insurance company have spun circles around me? I know no one has a crystal ball to know what would have happened without an attorney, I'm just curious to hear what others think...who may have some experience with settlements. To me, it just seems like my attorney really didn't do all that much and had the whole process down to a routine and didn't have to "fight" for anything.

Thanks for sharing.
 


las365

Senior Member
How much was the settlement offer at the time you hired the attorney?

So your lawyer represented you for about two years, filed a lawsuit, sent and responded to written discovery, probably engaged an expert medical witness or two on your behalf, and maybe an accident reconstructionist, took depositions, went to a mediation (you had a mediator, not an arbitrator: arbitrators make rulings, not suggestions), set the case for trial, and got a policy limits settlement. The lawyer paid for your medical records, the experts, the depositions, and the mediator out of his own pocket, taking the risk of not getting paid back. Yeah, that lawyer didn't do much for you at all.

If the case went all the way to the days before trial was set before it settled, you can bet that the insurance carrier would not have just handed you the policy limits if you were not represented.

Of course, all of this is conjecture and opinion on my part.
 

NJInjury

Member
las365 - I don't know why the attitude-I just asked a simple question

I'm not saying he didn't do any work..but having seen the settlement statement, his out of pocket expenses were less than $2K...which include filing fees and a case reinstatement fee because he somehow helped get the case dismissed due to failure to answer interrogatories properly...and, it was an arbitration ruling for $750K...not mediation. You should ask questions and get facts before spewing your opinion-because it really doesn't add much.

I think it went as long as it did because the insurance wasn't going to pay sooner than they had to. I don't think it was an issue of not paying or paying less than the limit.

My injuries: laceration on head (12 staples), fractured c1,c2, L1-L5, displaced pelvis fractures (2 surgeries), displaced rt wrist fractures (3 surgeries), broken right foot (multiple fractures) - may require surgery.
 

las365

Senior Member
I don't think it was an issue of not paying or paying less than the limit.
Then why did you hire an attorney? If it was so easy, you really should have done it yourself. No one forced you to hire a lawyer.

Yes, I do have an attitude toward people who hire attorneys when they need help, and the attorney does the work and gets them money, and then they say, well, that lawyer didn't really do much, I could have done that.

Again, I ask, how much was the settlement offer at the time you hired the attorney? Why didn't you represent yourself in the arbitration?
 

NJInjury

Member
you obviously have a chip on your shoulder... but, I'll indulge you.

You have gone off on a rant which has nothing to do with my original question. I was simply asking if others with settlement experience think I could have settled at policy limits without an attorney. Obviously, you have stated your position as "no".

In hindsight, I probably hired an attorney too soon. With my recovery in front of me, two young girls to raise and on the advice of others (including lawyers), I signed with an attorney prior to receiving any offers. With medical bills approaching $200K and the defendants insurance having accepted full liability 10 months ago, I didn't think it would take this long.

Additionally, since I know the defendant I have seen both sides of my case, and he was not deposed by my attorney. There was no accident reconstructionist. The medical "expert" (only 1) saw me once in his office and wrote a report ($300). I just never saw anything that appeared to require that much time/effort. Sorry. I'm sure some cases are overwhelming, this sure wasn't one of them. And, if I am in the same scenario again, I don't think I would hire one. Without the experience, I wouldn't know that.

I mean, I've been to traffic court with and without an attorney...and had success with an attorney and failed alone. Is it because the attorney said something special or did something I couldn't have done? No. But the prosecutor knows I'm paying this guy and if he can't work a deal, then I'll think he's a bad lawyer or something. It's a type of brotherhood. Attorney's and judges extend to each other a level of loyalty and respect that the common man can't get. I know plenty of attorney's, and that's a fact. I get the "system" and always work within it.

I'm not saying attorney's aren't needed, but if you think they are God's greatest gift to mankind, I respectfully disagree.
 

ecmst12

Senior Member
Just think of all the phone calls you didn't have to make, the letters you did not have to write, the bills you did not have to keep track of....
 

NJInjury

Member
...nothing a personal assistant couldn't do. For much less money.

I am covered by the same policy as the defendant...the PIP department did an excellent job keeping track of everything and bundling it very nicely for my attorney to submit and I received copies of all the PIP statements. The math portion is quite simple. The settlement statement has about 5 itemized amounts totaling less than $2K. The evidence I see, just doesn't suggest much time/money.

Hindsight is 20/20...lessons learned. This tangent topic has nothing to do with my question, but I'll continue to discuss if you and las365 want to.

For the record, I have nothing against lawyers...my original question was specific to my case/experience.
 

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