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  1. #1
    Join Date
    Nov 2014
    Posts
    3

    Default Whether to Settle an Injury Case or Retain a Personal Injury Lawyer

    My question involves an injury that occurred in the state of: Virginia I was a passenger in a car owned by my mother in law but driven by my husband when a person pulled across in front of us causing us to tbone her vehicle. She was found to be at fault completely. I was 6 weeks pregnant at the time. I was discharged but No xrays were done due to my pregnancy. The ultrasound did not note any issues with the baby. I began treatment with a chiro for the neck and back and went to see an Ortho for the hand. The were unable to do X-rays or prescribe pain medication due to the pregnancy. 2 weeks later i lost the baby but there is no proof that it was related to the accident. I was able to get X-rays after and was found to have a fracture of the thumb. The Ortho also assessed me to have a torn ligament. I underwent therapy and was in a cast for 3 months. The pain never went away in the hand and the fracture has not healed completely after over a year. The Ortho said that the only other recourse would be surgery but I don't want that. He stated that I have permanent partial impairment of the hand. I have just learned to deal with the pain but I do have decreased strength and range of motion which has stopped me from doing my prior part time work as a home health nurse. I am concerned because I would have problems doing direct patient care if I was to go back in the hospital. My medicals totaled $9000 and the adjuster offered 24,000. He was really nice until he found out I was a nurse for an insurance company. Should I accept the offer? What amount would you accept for this type of injury? Should I get an attorney? Thanks

  2. #2
    Join Date
    Dec 2008
    Posts
    623

    Default Re: Whether to Settle an Injury Case or Retain a Personal Injury Lawyer

    You can get a free consult with a couple of injury lawyers who would be in a better position to answer your questions regarding the settlement amount. Remember that they will take a 3rd of whatever you get so keep that in mind.

    Why don't you want to have the injury fixed instead of living with the permanent damage? I suspect(but it's just a guess) that the fact that you denied getting the injury fixed will affect the final settlement amount since it is a choice that you made to live with it.

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Whether to Settle an Injury Case or Retain a Personal Injury Lawyer

    As a general rule of thumb, people who are represented by legal counsel receive larger settlement offers from insurance companies. Of course the attorney then receives a percentage of the proceeds, but in most cases it still works out better for the client. The job of the insurance company is to try to get you to accept the smallest possible settlement.

  4. #4
    Join Date
    Nov 2014
    Posts
    3

    Default Re: Whether to Settle an Injury Case or Retain a Personal Injury Lawyer

    Thanks for the replies. The surgery would only help the pain and not improve my range of motion and strength. If it would improve those I would go foward with it.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Whether to Settle an Injury Case or Retain a Personal Injury Lawyer

    As you have a firm offer, when you discuss the case with lawyers you can propose that they agree to limit their fees such that you recover the full $24,000 offer no matter what the settlement turns out to be. For example, assuming a 1/3 contingency fee, if after deduction of costs the settlement they negotiate is between $24,000 and $36,000, they would recover as their fee the additional amount recovered. If the settlement they obtain, again after the deduction of costs, were $36,000 or more, then they would recover the 1/3 contingency fee.

    I can't promise that you'll find a lawyer who will agree to modify his or her fee, but if the attorney is sufficiently confident that they can add sufficient value to the case to justify your using their services, it's not unreasonable to expect that they'll commit to that as part of their fee agreement.

  6. #6
    Join Date
    Nov 2014
    Posts
    3

    Default Re: Whether to Settle an Injury Case or Retain a Personal Injury Lawyer

    Great information. Thank you

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