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Coach

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Car accident settlement...
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I will try to keep this as short as possible but I need your advice and opinions...

I was in a car accident 3 years ago I had some neck and back injuries and I went to the chiropractor, and the physical herapist for these injuries for about 9 months. I am continuing to have back and neck problems and just resumed going to the chiropractor for another treatment plan. My medical bills from the accident total about $7000. The insurance is wanting to settle with me and I have a lawyer, who in my opinion is terrible, he was a friend's dad and he gave me a discounted rate so I took him on as my lawyer... at 25%. ( I was pretty naive at the time) The insurance company keeps making offers but I feel they are all too small, their first offer was 8000 and after I paid all my medical bills and lawyer I would only receive $750. I feel like I am getting taken advantage of and my lawyer is a total dope. What should I expect to get from a settlement like this? I heard the average was about 3X the amount of medical bills but I could be wrong...

Any opinions/advice would be appreciated!

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Chanel

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when my sister was in an accident about ten years ago she got like 12000 (and she doesn't have any sustaining problems). after the lawyer, she got about 8000. can you get another lawyer? it seems ridic with all your medical bills that this is all you'd see..

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Chanel

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I'm not a PI lawyer or anything but that does seem low to me, considering it barely covers your medical bills. An insurance company has a limit of what they can/will pay on a claim but I've never heard of that limit being $8000. It's usually more like $100,000. I have no idea what the limit is for this particular carrier (depends on what the driver purchased in insurance coverage), but I'd imagine they'd be willing to shill out a lot more if a decent lawyer was trying to negotiate with them.

I'd definitely try and get another lawyer.

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Dooney & Bourke

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What state are you in?  Was the $8000 their first offer?  It does sound low to me too.  Is your lawyer suggesting that you take it?

-- Edited by Kari at 12:55, 2007-02-23

-- Edited by Kari at 12:56, 2007-02-23

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Dooney & Bourke

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As long as he's not pushing you to take that offer I'd keep him. 25% is REALLY low for a contingency fee...most take a MININMUM of 33% with the majority taking much more (a firm in my town is taking 40%)....

I'd just turn down that offer and counter with something much more reasonable...the key being reasonable...

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Dooney & Bourke

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Oh, another question...did you miss work or school because of the accident...

You can recover for medical bills (past and future if you anticipate future medical problems), lost wages (if it was school and you had to retake classes, perhaps tuition), and then there is pain and suffering as well

And I agree with Jahni, contingency fees are getting higher and higher.  I have never heard of one below 30% with most reaching 40%

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Kate Spade

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My mother was in an auto accident and has neck and back pains from it. She had a lawyer who helped her get a nice settlement. I believe he took more than 25%, but she still ended up with about $25,000 after the lawyer took his share. I hope this gives you an idea of what you should be asking for. I don't think you should settle for $8000. You will probably still need to go to the chiropracter often and the expenses shouldn't come out of your pocket. Plus a little extra for pain and suffering is nice.

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