When to lawyer up?

On Sat, 30 Dec 2006 12:34:59 -0800, "Howard"
wrote:

>I got hit head on by a pickup. His fault. Been nearly four months pushing
>the medical ball uphill. Still don't know what's wrong with all my body
>parts, and the knee surgery is yet to come.
>At what point do you lawyer up to get your due from the other guys insurance
>co.? TIA, Howard
>
At this point, you just want to be keeping track of expenses. In a
case such as yours, expenses may go on piling up for a long time as
late effects of your head injury may not become known for some time,
and even your knee surgery may bring some surprises.

If you settle all claims, and then discover aspects of the injury you
didn't know you had, it'll be your problem.

You could hit them up for some money to cover bills you've already
incurred, but whatever you do, don't let them close the claim. If you
have to borrow money to keep things going, make sure you include
interest and fees as part of the expenses you've incurred.

You might ask around for referrals to a lawyer, and start talking to
some of them. You want one who has a lot of experience, because if
there's one thing you can depend on, it's that any lawyers the
insurance company bring into court will be highly experienced. In any
case, four months is nothing out of the way for an insurance company.

Oh, one other thing. They guy driving the pickup is the responsible
party. If you don't like dealing with his insurance company, deal with
him.

Al Moore
DoD 734
 >> Stay informed about: When to lawyer up? 

On Dec 30, 5:12 pm, Alan Moore wrote:
> On Sat, 30 Dec 2006 12:34:59 -0800, "Howard"
> wrote:
>
> >I got hit head on by a pickup. His fault. Been nearly four months pushing
> >the medical ball uphill. Still don't know what's wrong with all my body
> >parts, and the knee surgery is yet to come.
> >At what point do you lawyer up to get your due from the other guys insurance
> >co.? TIA, HowardAt this point, you just want to be keeping track of expenses. In a
> case such as yours, expenses may go on piling up for a long time as
> late effects of your head injury may not become known for some time,
> and even your knee surgery may bring some surprises.
>
> If you settle all claims, and then discover aspects of the injury you
> didn't know you had, it'll be your problem.
>
> You could hit them up for some money to cover bills you've already
> incurred, but whatever you do, don't let them close the claim. If you
> have to borrow money to keep things going, make sure you include
> interest and fees as part of the expenses you've incurred.
>
> You might ask around for referrals to a lawyer, and start talking to
> some of them. You want one who has a lot of experience, because if
> there's one thing you can depend on, it's that any lawyers the
> insurance company bring into court will be highly experienced. In any
> case, four months is nothing out of the way for an insurance company.
>
> Oh, one other thing. They guy driving the pickup is the responsible
> party. If you don't like dealing with his insurance company, deal with
> him.
>
> Al Moore
> DoD 734

My wife, daughter, and myself were hit headon in May. Medical
bills out the gazoo. I had TWO lawyers within 24hrs. They have been
instrumental in handling the insurance company. Go get yours tomorrow.
In Nevada (where we live) there is a victim's advocate dept.
within the district attorney office. They can provide a cash loan
(repayable in most cases at a discount) to help cover the costs of
medical bills. We have taken advantage of this to pay bills before they
go to collection. I have found that the defendants insurance company
will not pay the bills as they occur. Instead, they will wait until
forced to settle, then cut one check and be done with the case. Hence
the need for the lawyer(s).

Good Luck.
 >> Stay informed about: When to lawyer up? 

On Sat, 30 Dec 2006 12:34:59 -0800, "Howard"
wrote:


>At what point do you lawyer up to get your due from the other guys insurance
>co.? TIA, Howard
>

From the emergency room.
 >> Stay informed about: When to lawyer up? 

<Julz> wrote in message
> On Sat, 30 Dec 2006 12:34:59 -0800, "Howard"
> wrote:
>
>
> >At what point do you lawyer up to get your due from the other guys
insurance
> >co.? TIA, Howard
> >
>
> From the emergency room.
>
OK, I'm starting to get a pretty consistent message here. So, does everyone
agree that even though lawyers are expensive and take a big cut of a
settlement, they are worth it?
 >> Stay informed about: When to lawyer up? 

In article ,
Howard wrote:

>OK, I'm starting to get a pretty consistent message here. So, does everyone
>agree that even though lawyers are expensive and take a big cut of a
>settlement, they are worth it?

No.

Is it clear who was at fault? If the other guy was clearly
in the wrong, then your insurance company should be on your
side and helping out in this endeavor.

My experience was this: a little over a decade ago, I was
in a pretty bad car accident. Both drivers wound up in a
trauama center. In my case, the other driver ran a red light
and did it right in front of an on-duty police officer.

The day after the accident, her insurance company called me in
the hospital. At some point I asked if there was any question
of fault. "Our driver was cited for failure to obey a traffic
signal. That pretty much settles it."

Within a few days, I had a vehicle settlement offer from her
company (and it was reasonable), and a few days after that they
offered me her policy limit for personal injury. I paid for
a one-hour consultation with a lawyer, decided there was no
upside to doing anything else, and then accepted the settlement.

Rather than hiring a lawyer who will take it on contingency,
you might want to find someone and pay for a consultation. If
you get a good one, you could figure out everything you need
and only pay for an hour of their time. The likely next step
after that would be the threatening letter from the lawyer,
which probabaly would set you back another hour of their time.
That might be all you need.

But before that, see if your insurance company will handle it.
That's what you pay them for.

-Patti
--
Patti Beadles, Oakland, CA |
pattib~pattib.org |
http://www.pattib.org/ | http://www.urbanscapephoto.com
Or just yell, "Hey Patti!" |
 >> Stay informed about: When to lawyer up? 

Howard wrote:
> I got hit head on by a pickup. His fault. Been nearly four months pushing
> the medical ball uphill. Still don't know what's wrong with all my body
> parts, and the knee surgery is yet to come.
> At what point do you lawyer up to get your due from the other guys insurance
> co.? TIA, Howard
>
>
I don't know if he's still around the bay area, but I knew a rider who
raced Suzukis named Art Chambers. He's also a lawyer who handles these
types of cases. A lawyer who rides has a perspective a cager would not.

--
--
Spidergraham
Chaplain, ARSCC
xenubarb.TakeThisOut@netscape.net


"Comparing Scientology to a motorcycle gang is a gross, unpardonable
insult to bikers everywhere. Even at our worst, we are never as bad as
Scientology."
-ex-member, Thunderclouds motorcycle "club"
 >> Stay informed about: When to lawyer up? 

Howard wrote:
> <Julz> wrote in message
>> On Sat, 30 Dec 2006 12:34:59 -0800, "Howard"
>> wrote:
>>
>>
>>> At what point do you lawyer up to get your due from the other guys
> insurance
>>> co.? TIA, Howard
>>>
>> From the emergency room.
>>
> OK, I'm starting to get a pretty consistent message here. So, does everyone
> agree that even though lawyers are expensive and take a big cut of a
> settlement, they are worth it?
>
>
In a personal injury case, they probably are. The unofficial way this
works is that in addition to tangible damages (medical expenses, rehab
costs), a percentage is tacked on for "pain and suffering". That
generally offsets the lawyer's take.

Rich, Urban Biker
 >> Stay informed about: When to lawyer up? 

Howard wrote:
> I got hit head on by a pickup. His fault. Been nearly four months pushing
> the medical ball uphill. Still don't know what's wrong with all my body
> parts, and the knee surgery is yet to come.
> At what point do you lawyer up to get your due from the other guys insurance
> co.? TIA, Howard
>
>
asap. lawyers make the insurance companies sit up and listen. if you try
to settle the claims directly the insurance companies will usually try
to buy you off or intimidate you with a lesser claim amount because you
lack either the time or know-how or legal clout to make them cough up a
fair amount for the settlement. find a lawyer that works on contingency
and you won't have to pay out of pocket for their fees; rather they will
deduct it from your settlement. the first things to get paid from a
settlement are the medical bills and lawyer's fees.

here's another place the lawyer helps: if you don't have medical
insurance covering your bills having a lawyer (and pending legal action)
puts a lien on your medical bills so the hospital won't sue you for
non-payment. as the patient you are the responsible party for paying the
medical bills. since the guy at fault had insurance coverage at the time
of the accident (you verified this, right?) it shouldn't be an issue.

jeffrey janoff represented me in my accident and he's based out of san
jose. http://www.bostwickandjanoff.com/index.html

damien

95 VT1100 (RIP)
94 ST1100
 >> Stay informed about: When to lawyer up?