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What Are My Chances of Winning a Lawsuit in This Case

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  • 09-12-2020, 09:30 PM
    Hemispheres
    What Are My Chances of Winning a Lawsuit in This Case
    My question involves an injury that occurred in the state of: Virginia

    I was on my way to the bus station earlier today when I was struck in a crosswalk by a senile old man.

    I stopped at the crosswalk, pressed the button to cross and waited. When the sign turned to the walk image I started making my way across. At this time the older man began pulling out to make a left hand turn.

    As I continued walking he continued pulling out and turned. I thought he was going to creep across and wait for me to pass but no; as soon as I made eye contact with him he sped up and ran directly into me. Without skipping a beat he pulled over, got out of his car and told me that I can't walk in front of his car.

    His car hit me left leg, I went airborne and landed on my head. Luckily a woman at the post office saw and told me to stay down and not to move. I was also less than a block away from the fire station and was witnessed by a fire fighter who alerted paramedics. They pulled up in the ambulance shortly after.

    My CT scans and Xrays checked out but I needed 14 stitches above my right eye and the right side of my face is swollen.

    The responding officer visited me in the hospital and said the old man was not at all remorseful and claimed I ran into his car on foot, however he interviewed witnesses which stated I was half way across the crosswalk when I was struck and there's damage to the drivers vehicle which is inconsistent with his story.

    Can anybody tell me what my chances of winning a lawsuit would be?
  • 09-13-2020, 02:22 AM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    Can anybody tell me what my chances of winning a lawsuit would be?

    The personal injury lawyer you consult is the best one to give you that. It's important to look at the actual admissible evidence you have and what the defendant has to offer, and I don't have all that here. Just going by what you said here, you'd have a very strong case for liability. Indeed, any time a car hits a pedestrian in a cross walk when the pedestrian has the walk signal the driver is going to be really hard pressed to provide an explanation that absolves him of liability. But as I've not seen what the defense will offer, I can't give you a precise idea of what to expect here.

    However, even if liability is clear, the amount of damages you might get is another matter. There isn't enough here to say what you might get out of the lawsuit. Certainly your medical bills and any wages from time lost from work are compensable and those are pretty easy to put numbers on. Other things like pain and suffering are harder to put a precise figure. Getting an attorney may help you get more out of this because the attorney will know how to maximize your damages. The issue for you will be whether the extra the attorney can get will be worth the fee you pay the lawyer. When damages are large it's easy to justify hiring a lawyer. Smaller cases though can be a harder call.
  • 09-13-2020, 07:46 AM
    adjusterjack
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post

    Can anybody tell me what my chances of winning a lawsuit would be?

    Jeez, it happened today and you're already talking lawsuit?

    Presumably, the officer got the driver's insurance information and gave it to you.

    Call the man's insurance company and open a claim. See how that goes before you get all lawsuit happy.

    I should add, once you get your claim on record, you wait until you are FULLY recovered before you start talking money.

    Quote:

    Quoting Hemispheres
    View Post
    Called a local firm that handles personal injury cases. An investigator called me back and said I have a case. Hell be sending me forms via email shortly.

    You have plenty of time to hire a lawyer. The lawyer gets a third of your settlement and he's not going to do anything until you fully recover and can quantify your damages. If your wounds heal in a month or two, it's going to be a small claim anyway and you might get a satisfactory settlement without sharing it. If not, then you hire an attorney.
  • 09-13-2020, 08:08 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Called a local firm that handles personal injury cases. An investigator called me back and said I have a case. Hell be sending me forms via email shortly.
  • 09-13-2020, 08:17 AM
    budwad
    Re: What Are My Chances of Winning a Lawsuit in This Case
    I strongly suggest that you talk to other law firms before signing anything that resembles a retainer agreement. We have a law firm here in NJ that always says, "the worst accident may your selection of lawyers."
  • 09-13-2020, 08:33 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting budwad
    View Post
    I strongly suggest that you talk to other law firms before signing anything that resembles a retainer agreement. We have a law firm here in NJ that always says, "the worst accident may your selection of lawyers."

    I'm planning on phoning a few others tomorrow.
  • 09-13-2020, 09:12 AM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting budwad
    View Post
    We have a law firm here in NJ that always says, "the worst accident may your selection of lawyers."

    I would like to hear how that law firm recommends interviewing personal injury lawyers to determine their effectiveness as lawyers? It is not like anyone would dare write a negative public review of a lawyer like we would a restaurant or a mechanic.

    Hemisphere, your case seems like a slam dunk since you had a 'walk sign' while crossing inside a crosswalk. The driver is more than likely liable and any level of personal injury lawyer would salivate to represent you, even the bum lawyers. However, you have a scar on your face now and THAT needs to be fully compensated for. That full compensation takes skill. Lost wages and medical bills are insignificant to that. Filing a claim and representing yourself would be foolish. The insurance company will lowball you since YOU cannot sue. Only a lawyer can threaten to do that...and the insurance company knows that.

    You are smart on lawyering up out of the gate. Do not talk to the insurance company at all, ever! Also know that the only folks who keep notes on the good lawyers vs. bad lawyers are the insurance companies. If the insurance company you are dealing with doesn't know your lawyer, insurance adjusters and lawyers know lawyers and employees from other insurance companies that can look up lawyers in their data base. So, I hope you get a good lawyer because I agree with bud's quote "the worst accident may be your selection of lawyers."

    Also, I hope you took photos of your open wound before it was stitched up. If your lawyer can show the insurance company those pics, they will know what gory evidence you could show a jury. It all matters in getting a fair settlement out of them. Oh, and nearly all lawyers will call themselves 'trial lawyers' because they have found themselves in a courtroom from time to time. But IMO, very few are good trial lawyers. Good luck on finding one.
  • 09-13-2020, 10:01 AM
    adjusterjack
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post

    Also, I hope you took photos of your open wound before it was stitched up. If your lawyer can show the insurance company those pics, they will know what gory evidence you could show the jury.

    Gee, something I agree with you on.

    How about that. Even a broken clock is right twice a day.
  • 09-13-2020, 10:25 AM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting adjusterjack
    View Post
    You have plenty of time to hire a lawyer. The lawyer gets a third of your settlement and he's not going to do anything until you fully recover and can quantify your damages. If your wounds heal in a month or two, it's going to be a small claim anyway and you might get a satisfactory settlement without sharing it. If not, then you hire an attorney.

    I highly disagree with this statement from a retired insurance claims adjuster. IOW, he's a bit biased in favor of insurance companies, not the injured.

    If you file a claim with the insurance company you will be required to go on record (be recorded) explaining your injuries and how the accident occurred. They will attempt to get you to incriminate yourself and minimize the injury. Any future attorney will not want to you to talk to them. Who cares if an attorney doesn't do much until you heal? Who cares if an attorney takes 33% of the compensation? They are worth it IMO.

    Fourteen stitches on a person's face is not a small claims case. Not even close. If you get headaches, loss of sleep, trauma, nightmares...it may be huge.

    The phone calls will likely start tomorrow morning. Do not talk to them about your injuries or the accident, ever! Your future lawyer will be very upset if you do. They may want to make you an offer right now, before you lawyer up, in exchange for your full description of the accident and injury. Don't fall for it.
  • 09-13-2020, 11:09 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    I didn't get any pictures of anything at the hospital as my eyes were swollen shut. The officer however did get a photo of me after being cleaned up and before the stitching occurred. Im assuming that my lawyer can get access to all of that.
  • 09-13-2020, 11:31 AM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    I didn't get any pictures of anything at the hospital as my eyes were swollen shut. The officer however did get a photo of me after being cleaned up and before the stitching occurred. Im assuming that my lawyer can get access to all of that.

    Pardon me for saying, but do not assume anything. You are entering the 'Land of Oz.'

    Reach out to the officer now and try to get a copy of his photos. There could be protocols where officers cannot cooperate with lawyers without legal inquires, where he could just forward those pics to you now.
  • 09-13-2020, 12:12 PM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    There could be protocols where officers cannot cooperate with lawyers without legal inquires, where he could just forward those pics to you now.

    If the cop can just hand over the pictures to the OP without legal process then the cop could do that after the OP gets a lawyer, too. There is nothing in Virginia law that restricts the cop from doing that. That's not to say he shouldn't go ahead and ask for it now; it's a good idea to ask for a copy now. However, if he doesn't get it now his lawyer can still get the photo later. The main risk of waiting is the possibility that the photo is destroyed if the cops don't need it any more. However, I'm going to guess the driver was charged for striking the OP, and if so, the photo will be used as evidence against the driver. In that case, they'll be keeping the photo at least until the prosecution runs its course.
  • 09-13-2020, 12:19 PM
    adjusterjack
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    I highly disagree with this statement from a retired insurance claims adjuster. IOW, he's a bit biased in favor of insurance companies, not the injured.

    I don't have to defend myself to the likes of you but Hemispheres might be interested to know that I have no love for the insurance industry and have often helped injured people with inside information on how claims are handled. That's all I have to say. If Hemispheres wants some tips about claims he/she can message me.
  • 09-13-2020, 12:34 PM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting adjusterjack
    View Post
    I don't have to defend myself to the likes of you but Hemispheres might be interested to know that I have no love for the insurance industry and have often helped injured people with inside information on how claims are handled. That's all I have to say. If Hemispheres wants some tips about claims he/she can message me.

    Everyone has a bias whether they admit it or not. Mine is against insurance companies and bad lawyers who pretend to be 'trial lawyers.'

    Recommending that the OP independently file a claim and most likely speak on record with the insurance company is poor advice and highly favors the insurance company. Also, suggesting that a blunt-force head injury resulting in permanent facial scars can be settled in small claims court is further bad advice, IMO.

    You have your opinion, experience and bias and I have mine...which makes for a more interesting forum. Wouldn't you say?
  • 09-14-2020, 08:30 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    His insurance called this morning but I told them no comment until I retain a lawyer. I also did some searching online and decided to go with Lowell the Hammer Stanley. He and his firm have nothing but 5 star ratings across the board.
  • 09-14-2020, 09:43 PM
    Mercy&Grace
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    My question involves an injury that occurred in the state of: Virginia

    I was on my way to the bus station earlier today when I was struck in a crosswalk by a senile old man.

    I stopped at the crosswalk, pressed the button to cross and waited. When the sign turned to the walk image I started making my way across. At this time the older man began pulling out to make a left hand turn.

    As I continued walking he continued pulling out and turned. I thought he was going to creep across and wait for me to pass but no; as soon as I made eye contact with him he sped up and ran directly into me. Without skipping a beat he pulled over, got out of his car and told me that I can't walk in front of his car.

    His car hit me left leg, I went airborne and landed on my head. Luckily a woman at the post office saw and told me to stay down and not to move. I was also less than a block away from the fire station and was witnessed by a fire fighter who alerted paramedics. They pulled up in the ambulance shortly after.

    My CT scans and Xrays checked out but I needed 14 stitches above my right eye and the right side of my face is swollen.

    The responding officer visited me in the hospital and said the old man was not at all remorseful and claimed I ran into his car on foot, however he interviewed witnesses which stated I was half way across the crosswalk when I was struck and there's damage to the drivers vehicle which is inconsistent with his story.

    Can anybody tell me what my chances of winning a lawsuit would be?

    In a year, you might have a tiny scar that is barely noticeable if noticeable at all. The accident should not prevent you from working. So don't get too excited thinking about how much money you think you will receive.
  • 09-15-2020, 01:48 AM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Mercy&Grace
    View Post
    In a year, you might have a tiny scar that is barely noticeable if noticeable at all. The accident should not prevent you from working. So don't get too excited thinking about how much money you think you will receive.

    I'm sure you'd be ok if someone T'd off a bat against your forehead, blackened both of your eyes, left your face permanently scared, and you said "don't worry, I'll be ok in a year."

    Tell me, how did so many of you miserable types find this website? Was it KIA that formed this group?
  • 09-15-2020, 01:56 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    I'm sure you'd be ok if someone T'd off a bat against your forehead, blackened both of your eyes and said "don't worry, you'll be ok in a year."

    Tell me, how did so many of you miserable types find this website? Was it KIA that formed this group?

    I've got a mild concussion too, so the lawyer can go to the insurance company with TBI claims. My left leg is also twice the size of the right one.

    I also contacted the police department and was told to call back in the morning to request a copy of the police report and photos.
  • 09-15-2020, 02:21 AM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    I've got a mild concussion too, so the lawyer can go to the insurance company with TBI claims. My left leg is also twice the size of the right one.

    While it is good to get going finding a lawyer and preserving evidence, you don't want to settle too early with the driver's insurance company. This accident just happened and quite often there can be additional injuries that are not apparent right away but show up a few weeks or more later. You want to have a good idea of the full extent of injury before settling with the insurance company. Your lawyer will advise you on that. And, it should go without saying but I'll say it anyway, get and keep copies of all the medical bills and related expenses that you get as a result of this injury. You don't want to leave something out of your claim.
  • 09-17-2020, 12:28 PM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.
  • 09-17-2020, 12:32 PM
    PayrolGuy
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.

    Well, you need to notify your lawyer, The Hammer, and let him deal with this from here on out.
  • 09-17-2020, 12:37 PM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.

    Wow, court so soon? Who is suing who?

    Did the cop write a citation that he is fighting in traffic court and the cop wants you as a witness?
  • 09-17-2020, 12:53 PM
    PayrolGuy
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    Wow, court so soon? Who is suing who?

    Did the cop write a citation that he is fighting in traffic court and the cop wants you as a witness?

    Notice to readers,

    Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times, due to the current lack of moderation he isn’t being banned. Hopefully that will change in the future but for now we have to live with it.

    For now I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.
  • 09-17-2020, 01:09 PM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting PayrolGuy
    View Post
    Well, you need to notify your lawyer, The Hammer, and let him deal with this from here on out.

    I just got off the phone with him and he says it doesn't affect his work in any way.
  • 09-17-2020, 01:22 PM
    PayrolGuy
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    I just got off the phone with him and he says it doesn't affect his work in any way.

    Great,

    Since you now have a lawyer and even one that seems to answer your phone calls, I'd direct the rest of your questions to him.

    Good luck and let us know how it all turns out.
  • 09-17-2020, 02:34 PM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting PayrolGuy
    View Post
    Harold99 posts for no other reason than to take shots at senior members of the forum...

    Then maybe they should give better advice that is often adversarial and offensive without cause.

    Do you feel better now? You are like a guy who wants to be heard but nobody is listening. :grumpy:
  • 09-17-2020, 02:41 PM
    PayrolGuy
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    Then maybe they should give better advice that is often adversarial and offensive without cause.

    Do you feel better now? You are like a guy who wants to be heard but nobody is listening. :grumpy:

    Harold99 posts for no other reason than to take shots at senior members of the forum and lawyers in general. It would be wise to ignore whatever he writes. While the person posting under the name of Harold99 has been banned from this site at least 3 times but, due to the current lack of moderation, he isn’t being banned. Hopefully, that will change in the future but for now, we have to live with it.


    For now, I suggest you simply ignore his posts but if you do read them please read any responses posted by the more rational members.
  • 09-17-2020, 06:15 PM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    Things just keep getting better. Spoke with the responding officer and the driver feels like he isn't at fault so now I get to testify in court next month.

    I assume this is the criminal or traffic case against the driver that is going to trial next month since there is no way your civil case could be tried that soon. While you may not enjoy testifying in that trial, it can help you. If the driver is convicted in that case, that can be used against him in the civil trial, making your civil case easier. If he's not convicted, you can still win the civil case anyway because an acquittal on the criminal/traffic charge does not mean he wasn't negligent in the accident. It just means he wasn't guilty of any traffic/criminal offense. So if your testimony helps get the guy convicted, it helps you with your civil case. Just be aware of one thing: if you testify differently at your civil case than you do at the criminal case, the driver's attorney will use that inconsistency against you in your civil case. As long as you don't change your story, though, you should be fine. Your attorney can fill you in about that.
  • 09-17-2020, 10:56 PM
    Mercy&Grace
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    I've got a mild concussion too, so the lawyer can go to the insurance company with TBI claims. My left leg is also twice the size of the right one.

    I also contacted the police department and was told to call back in the morning to request a copy of the police report and photos.

    The way things appear now does not indicate the level of long term damage done. There are different degrees of TBI. A person can have a concussion but not experience long term or short term damage. If the ER doctor did not keep you overnight for observation. That is a good indicator your injuries are not as serious as you think they are..

    It seems like you think you are going to get quite a bit of money from the insurance company. I am just saying you need to be prepared and be realistic. Have you seen your primary care doctor for a followup? When do you plan on returning to work? Did the ER doctor give you a excuse for work?
  • 09-18-2020, 02:28 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Taxing Matters
    View Post
    I assume this is the criminal or traffic case against the driver that is going to trial next month since there is no way your civil case could be tried that soon. While you may not enjoy testifying in that trial, it can help you. If the driver is convicted in that case, that can be used against him in the civil trial, making your civil case easier. If he's not convicted, you can still win the civil case anyway because an acquittal on the criminal/traffic charge does not mean he wasn't negligent in the accident. It just means he wasn't guilty of any traffic/criminal offense. So if your testimony helps get the guy convicted, it helps you with your civil case. Just be aware of one thing: if you testify differently at your civil case than you do at the criminal case, the driver's attorney will use that inconsistency against you in your civil case. As long as you don't change your story, though, you should be fine. Your attorney can fill you in about that.

    He was charged with failure to yield to a pedestrian. He's also 94 years old. I'm not planning on suing as long as my lawyer can get a satisfactory amount from the insurance company.

    This is the first time this has happened so I didn't know insurance paid anything other than medical bills.

    This is wild. Less than a month before I got arrested for my NGRI offense one of the local Newspapers who wrote about me also wrote articles about the man who hit me. He's a holocaust survivor who worked for the newspaper as a journalist and lectured at the local university. I honestly feel bad for him despite him being such an ass to me.
  • 09-18-2020, 02:30 PM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    He was charged with failure to yield to a pedestrian. He's also 94 years old. I'm not planning on suing as long as my lawyer can get a satisfactory amount from the insurance company.

    That's a reasonable way to go. Most personal injury cases (90%+ in most states) are settled either before filing the lawsuit or after filing the lawsuit but before the trial. If you can get what you want without going to trial that's a good result for you.

    Quote:

    Quoting Hemispheres
    View Post
    This is the first time this has happened so I didn't know insurance paid anything other than medical bills.

    Yep. You are entitled to compensation for all the harm suffered from the accident — your medical bills, of course, but also compensation for lost wages/income, pain and suffering, any property damage (which would include even clothes damaged in the accident), etc. Since the driver would owe you for all that in a lawsuit, the insurance company pays for that.
  • 09-19-2020, 07:07 AM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    There's no way my scar is going to be barely noticeable in a year. Just got a good look at my forehead and you can visibly see a line/indentation under the stitches.
  • 09-19-2020, 09:57 AM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    There's no way my scar is going to be barely noticeable in a year. Just got a good look at my forehead and you can visibly see a line/indentation under the stitches.

    You don't have to defend yourself to anyone here. Nobody here has seen your injuries. Also, you were in one of the most protected areas of any street, that is a crosswalk with the 'walk sign' on. You got two black eyes, an injured leg, a concussion and a permanent facial scar. The only thing that would make the damages worse is if you were a pretty, young girl left with a scared face for life.

    You have serious, visible damages...not some fake back injury. Listen to your attorney and allow him to negotiate for the highest claim he can while the insurance company will negotiate for the lowest amount they can. It's a game they've played many times before. Let them play it.

    Two things to consider: The driver may have very low insurance coverage limits that will limit your compensation amount without going after the personal assets of the driver. But your lawyer will know the net worth of the driver and then you can decide if you think he should personally compensate you out of pocket. 2) Insurance companies will often hold back their best offer until you are about to enter the courtroom which tests the fiber and resolve of your lawyer. Many times lawyers do not want to do all the work involved in a trial. In those cases the insurance company can save big money if the lawyer is bluffing about actually trying the case. They will not know that about your lawyer until the day before a court appearance. Good luck!
  • 09-19-2020, 01:57 PM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    2) Insurance companies will often hold back their best offer until you are about to enter the courtroom which tests the fiber and resolve of your lawyer. Many times lawyers do not want to do all the work involved in a trial. In those cases the insurance company can save big money if the lawyer is bluffing about actually trying the case. They will not know that about your lawyer until the day before a court appearance. Good luck!

    Most personal injury lawyers love going to trial, but you're right that there are some that run practices in which they avoid trial and take whatever settlements they can get. If the lawyer has been in practice for awhile the insurance company will know which type of lawyer he is. If he's the type willing to take good cases to trial the insurance company won't wait until the eve of trial to come up with a good offer. It will know before then what it is facing. The insurance company is paying its lawyers by the hour, after all, and the more time its lawyers spend on the case, the more it pays in fees. If it's going to have to cough up that money anyway, it's better to do it earlier and and avoid paying its lawyers the extra fees.
  • 09-19-2020, 03:22 PM
    Hemispheres
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Taxing Matters
    View Post
    Most personal injury lawyers love going to trial, but you're right that there are some that run practices in which they avoid trial and take whatever settlements they can get. If the lawyer has been in practice for awhile the insurance company will know which type of lawyer he is. If he's the type willing to take good cases to trial the insurance company won't wait until the eve of trial to come up with a good offer. It will know before then what it is facing. The insurance company is paying its lawyers by the hour, after all, and the more time its lawyers spend on the case, the more it pays in fees. If it's going to have to cough up that money anyway, it's better to do it earlier and and avoid paying its lawyers the extra fees.

    I'm 32 years old and I remember watching my lawyers commercials on TV as a young child. He also has hundreds of 5 star reviews so I'm confident he'll do everything to fight for the maximum compensation he can.
  • 09-19-2020, 03:58 PM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Taxing Matters
    View Post
    Most personal injury lawyers love going to trial, but you're right that there are some that run practices in which they avoid trial and take whatever settlements they can get. If the lawyer has been in practice for awhile the insurance company will know which type of lawyer he is. If he's the type willing to take good cases to trial the insurance company won't wait until the eve of trial to come up with a good offer. It will know before then what it is facing. The insurance company is paying its lawyers by the hour, after all, and the more time its lawyers spend on the case, the more it pays in fees. If it's going to have to cough up that money anyway, it's better to do it earlier and and avoid paying its lawyers the extra fees.

    TM,
    I am sure you know the term "ambulance chaser" in regard to personal injury lawyers. What is your definition of that term and what percentage of metropolitan personal injury lawyers fit that definition?
  • 09-19-2020, 10:43 PM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Harold99
    View Post
    TM,
    I am sure you know the term "ambulance chaser" in regard to personal injury lawyers. What is your definition of that term and what percentage of metropolitan personal injury lawyers fit that definition?

    My definition of the term doesn't matter. What I can tell you is that most of the personal injury lawyers in the cities in which I've lived and practiced enjoy trying cases and are happy to go to trial if the defendant — and his/her insurance company — won't agree to a reasonable settlement of the case. They know that if they can get more by going to trial its worth doing it not just because they like trying cases but also because the more they get the bigger their fee is because they take these cases on a contingent fee basis. So the more they get for the client, the more money they make. Sure, there are the firms out there that are settlement mills that rarely if ever go to trial and will only work up a settlement to the point that they get serious resistance from the insurer and then settle. They are not the majority of the firms out there in any place I've practiced, but I certainly don't deny they exist.

    My point here is that the insurance company lawyers know which kind of lawyer they are facing if that lawyer has been in practice for any length of time. They don't need to wait until the eve of trial to know if that lawyer is one who is willing to take cases to trial or not. They don't need to wait until the eve of trial to make a good offer to a client represented by a good lawyer. Sure, there are some instances when, for one reason or another, one side changes its stance on the offer and raises or lowers it right before trial. But more often if a case is going to settle, it'll settle before the eve of trial. So if the OP does get a good offer — one that meets what he's looking for — well before trial he'll probably want to take that offer and get it over with. He won't always benefit by waiting until just before trial. Sometimes things do actually get worse by doing that.
  • 09-19-2020, 11:05 PM
    Mercy&Grace
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Hemispheres
    View Post
    There's no way my scar is going to be barely noticeable in a year. Just got a good look at my forehead and you can visibly see a line/indentation under the stitches.

    It is too soon to know how it will heal. Are you a model? The reason I ask is if you are. the scar would probably carry more weight than if you are not. Do your other injuries interfere with the performance of your job? Have you seen a doctor for followup care?
  • 09-20-2020, 10:27 AM
    Harold99
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Quote:

    Quoting Taxing Matters
    View Post
    My definition of the term doesn't matter. What I can tell you is that most of the personal injury lawyers in the cities in which I've lived and practiced enjoy trying cases and are happy to go to trial if the defendant — and his/her insurance company — won't agree to a reasonable settlement of the case. They know that if they can get more by going to trial its worth doing it not just because they like trying cases but also because the more they get the bigger their fee is because they take these cases on a contingent fee basis. So the more they get for the client, the more money they make. Sure, there are the firms out there that are settlement mills that rarely if ever go to trial and will only work up a settlement to the point that they get serious resistance from the insurer and then settle. They are not the majority of the firms out there in any place I've practiced, but I certainly don't deny they exist.

    My point here is that the insurance company lawyers know which kind of lawyer they are facing if that lawyer has been in practice for any length of time. They don't need to wait until the eve of trial to know if that lawyer is one who is willing to take cases to trial or not. They don't need to wait until the eve of trial to make a good offer to a client represented by a good lawyer. Sure, there are some instances when, for one reason or another, one side changes its stance on the offer and raises or lowers it right before trial. But more often if a case is going to settle, it'll settle before the eve of trial. So if the OP does get a good offer — one that meets what he's looking for — well before trial he'll probably want to take that offer and get it over with. He won't always benefit by waiting until just before trial. Sometimes things do actually get worse by doing that.

    I beg to differ that your definition of an 'ambulance chaser' doesn't matter because this is a class of lawyer in your industry, and who could describe them better than you. So, a more accurate response would have been "I choose not to speak negatively of other lawyers on this board." ...Which removes you as an objective poster.

    I also disagree with you that most lawyers like to take cases to trial. Take for instance this case, lets look at the costs and returns associated with settling it vs. trying it.

    Say for instance the insurance company offered $100K to settle and the OP's lawyer thought it was worth $200K. The insurance company stood firm so the OP's lawyer encouraged his client to refuse it and to try the case. As soon as they do that their costs and skin in the game start mounting. They will need a $10K medical doctor, a $10K accident reconstructionist and likely a $10K physiologist (to testify to the phycological damage of facials scars) as expert witnesses. They will have depo costs and about 200 hours of attorney and assistant's time to invest. They will have IT costs, court costs, clerical costs and co-counsel costs.

    Now let's crunch the numbers:

    Settling the case at a 33%/66% split would pay medical bills at about $5K, the lawyer about $31K and the OP about $62K. All with very little time and costs invested.

    Trying the case at a 40%/60% split, if they were awarded the full $200K, would pay medical at $5K, costs $35K, the lawyer (after his loss/investment of 200 additional hours of his time) would pay him $64K, and the OP would walk away with about $96K. If they were only awarded the original $100K because the insurance company had a better lawyer, better expert witnesses, the OP's lawyer was lame or the jury thought the OP was gold digging, the takeaway would be dismal. Medical $5K, costs $35K, the lawyer (after 300hours of invested time) would be $24K, and the OP would walk away with about $36K (half of the original, guaranteed amount).

    I do not agree that most lawyers like to puff their chests and try cases. They know the real costs, time and risks involved. Financial risks they rarely lay out to their clients beforehand. Oh, and if they lose completely, who pays each side's costs ($70K)? I'll tell you, the plaintiff does.

    To conclude, the term personal injury lawyers use in advertising is "If you don't win, you don't pay." That is flat out false, and only true if you do not try the case!
  • 09-20-2020, 02:24 PM
    Taxing Matters
    Re: What Are My Chances of Winning a Lawsuit in This Case
    Harold, I'm well aware of your views of lawyers and well aware that you like to rant about your hatred of lawyers every chance you get. You are entitled to your views about lawyers, misguided though some of them are. You don't have a good grasp of how lawyers evaluate cases nor how they determine which cases are worth going to trial. That's not surprising. You are not a lawyer and have never been one. You've been a contractor for the last 30 years. You have very little knowledge of the law and what lawyers do, and it shows in your posts. But still, you are entitled to your opinion and to rant to about lawyers if you like. But I won't go down that road with you and derail this thread.

    My only point here has been simple: the OP doesn't necessarily have to wait until the eve of trial to get the best deal the insurance company has to offer. The insurance company is going have a pretty good idea if the lawyer is one who will take the case to trial or not before the eve of trial. The OP may well get a good offer well before then, and if he gets that offer, he ought to take while it's on the table. His lawyer will advise him on the whether the offer is worth taking or not.
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