Got hit, need legal advice

[dchakrab]

Yup; lawyer's investigator just confirmed that the drunk had insurance, and his insurance company's confirmed coverage for this accident. Now it looks like I go back to Chicago (Tuesday), see an ortho doc, get physiotherapy, and possibly get surgery on the knee. Once I know all medical costs, the lawyer will take that + all my receipts + notes from work to document time-off-work + pain and suffering, etc and put together a settlement minimum.

Looks like the standard contingency setup; he takes a third of the settlement. He said I shouldn't be stuck without enough to cover the bills. I asked him how this would work with a hypothetical $5k in total bills...wouldn't I need to make 150%, or $7.5k in a settlement to cover his fees and break even on bills? He said yes, but only a crappy lawyer would let me accept a $7.5k settlement offer on a $5k stack of bills; he said it's more likely that the medical companies will accept $4k, and he'll ask for $15k expecting to be bargained down to $12k for it to split three ways, with my "pain and suffering" compensation being about the same as his third.

Sounds reasonable to me, and he seems competent / qualified, so I'll take my chances and see where it goes. He also said he'd be happy to report any ambulance chasers who've been calling me to solicit business :) Based on his advice, I'm expecting it to take a year or so to settle if I don't need surgery; he said it's in my interest to wait till all medical is complete so I have the fullest possible idea of what it'll cost.

Looks good so far. Now I have to figure out how to get the Vision running over this winter, and then look forward to a new bike (possibly a dresser?) sometime next year. I seem to be doing a ton of road trips these days...12k miles on two wheels since April or so.

Thanks guys! The advice was invaluable. Hope this thread is helpful for any future accident victims.

  Dave.

[h2olawyer]

Sounds like things are looking up!  I like the fact your lawyer is willing to turn in others who call unsolicited!  Appears you got one who knows his stuff.  A year seems like a long time, but it is a good idea to make sure of all your medical costs.  Too bad it can't be done in 'installents' - getting the $$ for your bike, pain / suffering & lawyer's fees (at least part) for now & then set a date in several months to settle up on the medical costs.

Anyway, glad the drunk was at least insured!  That makes getting you back to ''whole" a ton easier & much more likely.

Let us know what you need to get the Vision running again - I'm sure we can help you out!

H₂O

[inanecathode]

Oh man, don't even get me started about insurance companies ><

PS
If you see 'Robert Higdon' in Colorado somewhere, tell him he sucks :)