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Personal Injury

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meemyo

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

I was struck by a car, and my case will need to go to trial for us to get anything.
My health insurance carrier has a lien if I were to get anything.
I do not want to go to trial.

If I sue only in small claims court only for pain and suffering,will my health insurance carrier's lean allow them to collect?

Thanks a lot
 


ecmst12

Senior Member
Yes, your health insurance will collect before you get anything. Also, you can not sue for pain and suffering in small claims court, only actual damages.

Do you have a lawyer?
 

FlyingRon

Senior Member
Yes, your health insurance will collect before you get anything. Also, you can not sue for pain and suffering in small claims court, only actual damages.

Do you have a lawyer?
And the lawyer is next in line and most likely will determine his contingent fee on the actual award, not the amount reduced by the reimbursement of the insurance company.
 

meemyo

Junior Member
So what happens if I want to change

attorney?
How will it work since they work on contingency?
thank you
 

ecmst12

Senior Member
That depends on what your contract says. You will have to pay that attorney for the time and expenses he put into your case, which will further reduce your award, since you will ALSO have to pay your 2nd attorney. Why are you considering changing attorneys at this late date?
 

meemyo

Junior Member
Only considering to

change attorney because he was not able to settle w/o filing a suit.

The insurance is insisting injury was not due to being struck etc. etc.; yet, type of injury can only be sustained by being struck!

thanks a lot
 

ecmst12

Senior Member
You are being very stingy with the information you are providing.

Filing suit is a normal part of the process. It does NOT mean you will go to court - it will most likely still settle out of court. But filing suit preserves the statute of limitations and allows you to begin the discovery process - find out the policy limits and other important information.
 

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