Auto Accident Please Help

What is the name of your state? Philadelphia, Pennsylvania

Hello everyone I just wanted to seek answers to a couple of questions. I was in an auto accident a little while ago wasn't my fault, I was a passenger in someone else's car and the defendant ran a stop sign. I am still seeking treatment (physical therapy 4 times a week) I am still on the medication my doctor prescribed me at the beginning of all of this (oxycodone/methocarbamol) and I still have A LOT of pain. I also suffered a head injury that has given me a migraine headache since the accident almost 2 months ago.

I immediately sought out an attorney for my claim only because I do not have medical insurance and do not have the means to pay out of pocket after my $5000 ran out from insurance, so I knew I would have to sue for medical bills. My attorney is taking 40% plus legal fees from the settlement which leaves me 60% before legal fees. The defendant's insurance company promised to settled with me alone for 15K after 3 months of treatment (no questions asked). I personally think my case is worth more than 15K because of the permanent damages of headaches but I could be wrong and no doctor put that my headaches will be permanent in any medical report even though I know they will be. A migraine headache for two months is not normal.

My questions are to all the attorney's and people who might know out there. Is the rate of the attorney negotiable? I only worry because my attorney says that I am bound by my own personal insurance and I have limited tort so I may not get over 15K. and 60% of 15K is much less that 15K directly from the insurance company and I am just worried that staying with the attorney will affect my chances of a settlement that will cover my medical bills.

Questions:

Is the attorney rate negotiable?

Should I wait for the three months and settle for the 15K directly from the insurance company?

Is it possible to receive more that 15,000/30,000 if you have limited tort and are bound by your insurance company?

On what evidence or research do you know your headache will be permanent? What injuries does the doctor say is permanent?

I'm pretty sure you signed an agreement with your attorney. You can ask him to renegotiate, but it is unlikely he will change. You can also fire him, but will have to pay him for work he as done on your case up to now.

If the at fault driver has a minimum limits policy, then you can't get more then 15k from his insurance no matter what. That's all the coverage the person has.

If you signed a contract with your attorney, which you probably did, you can't just fire him.

You also don't know that the headaches will be permanent. Head injuries (concussions) take a long time to heal - 6 months to fully recover isn't uncommon.

Form your post, you were in the not at fault driver's vehicle. If so, then you can get coverage through the not at fault party's underinsured motorist coverage, if there is any available.