Do I Need a Lawyer?

[PlanningIsImpor]

Since an attorney will get some 30% of my settlement, could I reasonably expect to do better with or without a lawyer? Here's my story:

Missouri. Last August, late afternoon, I was following a green arrow through a left turn in my Ford Probe. Late model Ford pickup runs the red light from the other direction, and hits my car in the right front. I'm unconscious, and my left wrist is broken, and left knee x-ray later shows bone chips. Police breathalyzer at scene shows other driver below DWI threshold, but barely. Friend in car immediately behind me, and a driver stopped on cross street, assure police that I waited for the green arrow. I have no meaningful recollection of the accident.

Medical billing at this point amounts to around $25k, due to multiple surgeries to fix a difficult wrist fracture. My therapy is almost finished, and I am at about 80% total recovery of hand and wrist function. Knee is not quite recovered, but have yet to pursue treatment.
Other driver's insurance (same company as mine) paid for totalled car within a week of the accident.

Now my questions:
Do I need a lawyer?
Should I make a claim now, under the assumption that my minor knee injury will be "settleable" for a lump sum, or should I wait until this secondary injury is healed as well?
Do all of the answers really depend on what the other driver's insurance limits are?
Thanks for your thoughts!

 

[happy&lucky]

nah you dont need a lawyer now, you needed one back in August.

Now is too late to get the compensation you deserve.

How do you know your treatments were the right ones? How many doctors have you seen? plus how do you know they are not over charging you since you have more money then brains?

the healthier you are (80% recovery) the LESS money you get...

I think you really screwed yourself in the asssss real good.

 

[RunningOnEmpty]

You should tell the other party's insurance company the amount of your bills to date, as well as the number of surgeries you have required. Come right out and ask them what their client's policy limits are. They may or may not tell you. Put your request in writing and send it by certified mail.

I am an adjuster. Depending on the nature and extent of the injuries, I often request the permission of my client to disclose their limits. (If I feel that it is a policy limits claim). If they refuse to disclose the limits, then there is a good chance that their client carries high limits and they do not feel your claim will reach that threshold.

Since your injury required several surgeries, your claim could possibly exceed their limits, if they do not carry high limits. If they decide to disclose the limits and they are not adequate, you can put your own carrier on notice that you will seek an Underinsured Motorist Claim, provided that you carry that coverage.

When I evaluate a bodily injury claim, I establish a value for the claim. For instance, Claim X is worth $40,000 - $49,000. My first offer to the claimant would be $40,000. They might refuse the offer and demand $80,000. This goes back and forth until I reach the high end of my range i.e. $49,000. I will let them know that $49,000 is my final offer and that my company is prepared to have the claim go into litigation. At that point, they can either accept the offer or file a lawsuit. My numbers/offers do not change a single bit based on attorney representation. I would make the exact same offer(s) to a direct claimant as I would to the attorney-represented claimant. This is the maximum I believe a jury would award. I have seen cases go to trial where the award was LESS than my offer. Sometimes the award is more. It's kind of a crap shoot, for all parties involved. If the award is less, the claimant may end up paying for my company's legal expenses.

The percentage of your settlement that an attorney will take usually changes when they actually file a lawsuit or go to trial.
In my area (California), they usually take 33% for representing you, 40% if they file a lawsuit and up to 50% if the case goes to trial.

Don't attempt to settle your claim until you feel as "back to normal" as you think you are going to. Make sure that you will not require further treatment. Check with your state to make sure that you settle your claim before the statute of limitations expires. If you cannot settle your claim with the insurance company prior to that date, then you will need to file a lawsuit to protect your statute from running.

 

[PlanningIsImpor]

Thanks Running. That was a very helpful overview. The Missouri statute of limitations appears to be 5 years. I guess I'll get someone to look at my knee, and hopefully in the meantime I'll make a little more progress with my fracture.

Do you ever deal with expected or estimated future medical costs? I'm fairly certain I've heard of doctors giving opinions regarding expected costs of future treatment, and of percentage of full recovery, for insurance settlement purposes.