Do I Need a Lawyer for Settlement?

[boulder76]

My question involves an injury that occurred in the state of: Colorado

I had a T-bone like auto accident with another car, who came onto a highway without stopping at a stop sign. It was 100% the other car's fault, as backed up by the police report. I think it was a clear case, and the other party's auto insurance already assumed full responsibility for my medical expenses and property damage. My question is if there is still need to find an attorney to represent my case. If not, how much of a settlement I should expect or consider fair from the insurance company (besides medical expenses, loss of wages and other out-of-pocket expenses).

Here are some details about my case: I was hospitalized for 16 days (including 9 days at a inpatient rehab). After the accident, I had pulmonary contusion/lung collaps, broken rips, hip fracture, liver bleeding and minor spine compression. I then had a hip surgery, which subsequently disables me for 8 weeks without work. I have medical bills over $60,000 so far.

BTW, my own health insurance covers most of the medical bills. They have a big in-network discount, which shrinks the bills from $150,000 to $60,000. I wonder which number the insurance adjuster will look at when deciding the final settlement. Thanks!

[Litigator]

Depends on how comfortable you are negotiating it yourself--with the amount of money involved and seriousness of the injuries a lawyer certainly would not hurt.

I've seen clients negotiate on their own, sign their life away and then discover enough was not done but unfortunately they waived everything; not much we can do for them at that point.

[Betty3]

I agree. Due to the injuries you sustained and the money involved, I would certainly consider getting the help/advice of a lawyer.

[lwpat]

Absolutely, retain an attorney. Your health insurance will want their money back and it sounds like you will end up with some permanent disability. You also need to notice your own insurance company, especially if you have UM or UIM insurnace. You must follow the proper procedures and your attorney will be sure that you get all the insurance coverage available.

[boulder76]

Thank you for all the responses. The concerns I have with retaining a lawyer are (a) I think I am having a clear case here, i.e. there is no arguments on who's at fault or what medical expenses should be covered; (b) 30-40% of attorney fee kinda scares me; (c) I have already spent a lot of time and effort dealing with the auto and health insurances and preparing evidences (not sure what else the lawyer will do other than negotiation, considering the huge attorney fee). I wonder what you guys meant by saying the seriousness of my injury and the money involved. Is it that since the injury is serious (and therefore complicated), I'd better have professionals handle the case for maximum gain? Or is it that almost certain I will get a lowballed offer from the adjuster? I guess in the end, it is all about the money (well, fair amount of money). That been said, I am kinda curious on what this case would be worth or what I should be expecting. Your input are more than welcome. BTW, I don't think there will be any permanent disability.

[Litigator]

You can shop around too. Some attorneys will handle PI cases for 20-25% of a settlement--doesn't hurt to ask.

[lwpat]

How much insurance coverage does the other person have? If you can't answer that question, then you need an attorney.

[boulder76]

How much insurance coverage does the other person have? If you can't answer that question, then you need an attorney.

Well, I do know the ballpark number, and it is substantial for a settlement.

[lakeside_cruise]

The insurance company is only liable for the amount of the policy holder have. If the policy covers let's say $50K, you're not getting no more than that from them.

Consider how much you are getting from their insurance first, find out the limit of liability the driver have, and if they give you the max amount, you don't need a lawyer.

You'll need to go after the driver for the rest, and should consult a lawyer for that.

[boulder76]

Just heard from the hospital I stayed that they are going after the at-fault party's auto insurance. They want the auto insurance to pay the full expense, even though they already got paid by my health insurance for the same expense (though a lesser amount because of the health insurance's network discount). I figure the reason they want to do that is they can get much more money from the auto insurance than from my health insurance, although they kept saying they are simply following the Colorado law that the at-fault party's auto insurance is the primary (then why bill my health insurance?). I thought I only needed to deal with subrogation from my health insurance, not from hospitals and providers. Can the hospital do that?

I now start to realize the importance of hiring an attorney, as suggested by many of your guys here. Just imagine the mess when the time comes for final settlement. I don't even though how to handle both subrogations at once. I am afraid mistakes like this will come back and bite me later. Anyway, I would like to find an experienced personal injury lawyer before it is too late. Can any one recommend a good one in Colorado, as I am new to this whole thing and did not have any family members or friends that have any experience with lawyers.

The insurance company is only liable for the amount of the policy holder have. If the policy covers let's say $50K, you're not getting no more than that from them.

Consider how much you are getting from their insurance first, find out the limit of liability the driver have, and if they give you the max amount, you don't need a lawyer.

You'll need to go after the driver for the rest, and should consult a lawyer for that.