Mother was in car crash in Maryland and was hospitalized, what are the best next steps?

[throwaway789324]

She is expected to recover and be relatively back to normal in perhaps a month or two. There may be some continuing health complications we aren't sure yet. The driver of the truck that hit her claimed he blew a rear tire and lost control and the company seems to agree with that assessment. We have filed a claim with the company's insurance and we are waiting to hear more info I guess.

ANY info at all would be helpful as to where we should go from here, what legal challenges we may or may not face in the future, etc. anything you can share. I am extremely inexperienced in this arena.

We have talked to a friend who went through a similar scenario and they advised not getting a lawyer immediately, as their lawyer took 40% of their settlement and they think they could have netted more without him. Is this unrealistic, since any potential settlement will be much smaller without a lawyers involvement? How would we determine the highest settlement that they would likely be willing to pay?

 

[LdiJ]

She is expected to recover and be relatively back to normal in perhaps a month or two. There may be some continuing health complications we aren't sure yet. The driver of the truck that hit her claimed he blew a rear tire and lost control and the company seems to agree with that assessment. We have filed a claim with the company's insurance and we are waiting to hear more info I guess.

ANY info at all would be helpful as to where we should go from here, what legal challenges we may or may not face in the future, etc. anything you can share. I am extremely inexperienced in this arena.

We have talked to a friend who went through a similar scenario and they advised not getting a lawyer immediately, as their lawyer took 40% of their settlement and they think they could have netted more without him. Is this unrealistic, since any potential settlement will be much smaller without a lawyers involvement? How would we determine the highest settlement that they would likely be willing to pay?

An insurance company is going to cover the actual expenses incurred, plus perhaps some amount towards loss of wages etc., without an attorney for the most part. It is getting money beyond actual expenses that might be unlikely without an attorney. Yes, an attorney is going to take somewhere around 40% of any settlement.

I have personally found that I have received fair compensation from insurance companies where medical expenses/costs are concerned. It is expecting to win the lawsuit lottery that is unrealistic.

 

[throwaway789324]

An insurance company is going to cover the actual expenses incurred, plus perhaps some amount towards loss of wages etc., without an attorney for the most part. It is getting money beyond actual expenses that might be unlikely without an attorney. Yes, an attorney is going to take somewhere around 40% of any settlement.

I have personally found that I have received fair compensation from insurance companies where medical expenses/costs are concerned. It is expecting to win the lawsuit lottery that is unrealistic.

I see, thanks for the reply. So then would you say the best thing for now is probably just wait until we hear back about our insurance claim, then see a lawyer for a consultation about what they may be able to do with the case, perhaps when my mother is able to join us in a month or two? Sounds like despite the large chunk the lawyer will take, it will still be a net benefit for us to retain one if we are trying to get a settlement beyond medical expenses and wage loss.

 

[adjusterjack]

Lawyers generally take 1/3 of the settlement if settled without court, 40% if a trial is necessary.

I don't agree that you can't get pain and suffering without an attorney. Liability adjusters are willing to include some but will low ball it and you won't know how to properly present a demand.

Unfortunately, there is also the issue of liability. If the accident was caused by a blown tire, the driver might not be negligent and the truck insurer would not have to pay.

Proving who was responsible for the tire is very complicated and a lawyer should be consulted right away so he can make sure that the tire remains available for inspection.

Road hazard - No pay.

Poor maintenance - Truck insurance pays.

Manufacturer defect - Look to the manufacturer.

If it comes to that, a lawyer will have an expert available to determine the cause.

I suggest a consult with an attorney ASAP in this case.

 

[throwaway789324]

Lawyers generally take 1/3 of the settlement if settled without court, 40% if a trial is necessary.

I don't agree that you can't get pain and suffering without an attorney. Liability adjusters are willing to include some but will low ball it and you won't know how to properly present a demand.

Unfortunately, there is also the issue of liability. If the accident was caused by a blown tire, the driver might not be negligent and the truck insurer would not have to pay.

Proving who was responsible for the tire is very complicated and a lawyer should be consulted right away so he can make sure that the tire remains available for inspection.

Road hazard - No pay.

Poor maintenance - Truck insurance pays.

Manufacturer defect - Look to the manufacturer.

If it comes to that, a lawyer will have an expert available to determine the cause.

I suggest a consult with an attorney ASAP in this case.

Very good point, thanks! I will pass this along to my dad.

 

[Taxing Matters]

I suggest a consult with an attorney ASAP in this case.

I agree. There is more to this claim than just the medical bills and lost work. There are noneconomic damages too, and insurance companies generally voluntarily pay little for that. And as Jack points out, there may be important things to do now, like ensuring helpful evidence is not lost/destroyed.

 

[commentator]

If the person who hit your mother had insurance, that's a praise the Lord. If the person who hit your mother was working for a company and hit her with a company vehicle, or is a very wealthy individual, that could be a big plus. However, if this person is an ordinary citizen, you stand to get essentially what the insurance company will pay for this type of situation. Probably all damages, lost wages, destroyed personal property, and then some "pain and suffering" money on top of all expenses. BUT if the person has nothing else for you to get, and they were not dramatically at fault to the extent of being prosecuted for the accident.....there may be a limit to what you can get "beyond medical expenses and wage loss." It is possible this person is not wealthy enough to make a bigger suit worth anyone's time. Judgment proof,if the term applies, means they had insurance, but beyond that, there's nothing to get.