when and if to hire an attorney

[MichaCA]

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

Question; I was recently involved in a major car accident...in NC.

Both my father and I were involved. It was clearcut even at the scene of the crime that we were not at fault...a witness was able to verify my story, and the person at fault has admitted fault and his insurance company has asserted they will assume full liability.

Although me and my dad have separate claims, we converse daily and have agreed to stay in close touch about proceedings.

My question is, when and if does someone hire an attorney? I recall a much milder accident around 15 years ago...I did hire an attorney...I know they take 35%. My thing is I experienced the attorney not even wanting to talk to me unless I hired him. Maybe I was just cornered but is this always true? I don't think I want to go for an attorney knowing how much they take, unless I feel I am getting screwed and can't do anything about it with the insurance companies.

Right now is way to soon, we are no where near settlement and the statute is three years.

Currently I am having medical issues which until some tests are done are not even clearly diagnosed. There is a possibility I will have an injury in my right arm/hand for life...and I also hear that insurance companies have their ceiling as to what they CAN pay out (in lieu of a court order)...am am feeling skiddish about them paying out. Don't know why, just know with all the pain and suffering both of us have already suffering, plus ongoing problems for me which currently make me un-employed...I am just curious what folks experiences are of getting a decent reimbursement for all of that (assuming I provide good documentation, doctor records...whatever is requested).

Which brings me back to my original question, when does paying at attorney 35% of what one 'wins', pay off?

Thank you in advance..

 

[ecmst12]

That really depends on how serious your injuries are, and how prepared you are to deal with all the paperwork and the negotiation. You should wait until you know how serious your injuries are; as long as you don't wait until 2 months before the SOL is up to talk to a lawyer, you should be fine. Don't forget you're on the other side of the country from where this accident happened, so if the case is at all complicated, you're going to NEED an advocate in the state where the accident happened.

The insurance policy has limits, and the limits are the most they will pay under any circumstances INCLUDING with a court order. The court order comes in if you want to try to collect from the driver's personal assets, more then the limits. In most cases, this is extremely impractical and not cost effective, so effectively, you can't get more then the policy limits. You won't find out what the limits are until much later in the process though. Minimum limits in NC is 30k per person, 60k per accident.

 

[Banned_Princess]

If you were in an accident, and you were hurt, it is best to get a lawyer even before you speak to the ins co. right off.

Thats just what I would do.

 

[Indiana Filer]

If you were in an accident, and you were hurt, it is best to get a lawyer even before you speak to the ins co. right off.

Thats just what I would do.

Not always. If the injuries are minor, there might not be any problem getting reimbursed for expenses. The lawyer's fees would come out of any payment the injured party would get.

 

[dfromnyli]

Just have the luxury of your father, grandfather and cousin being attorneys. Never have to pay any attorneys fees! =)

nah but on a serious note, if the damages to my vehicle and my medical expenses exceeded 10k, i'm getting an attorney immediately.