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Old 11-16-2011, 03:03 PM
 
Location: Durham, NC
381 posts, read 1,323,532 times
Reputation: 231

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Certain insurance carriers will not really negotiate if you don't have representation. Also, the fact one lawyer did not take the case does not mean another would not. I'd suggest you try a few more attorneys.

Good luck,
Mike
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Old 11-17-2011, 05:57 AM
 
Location: Philadelphia
117 posts, read 283,656 times
Reputation: 85
If you know what your claim is worth, then you have room to take less anyway since if you do not hire an attorney since it will cost you something anyway even if you find an attorney at a discounted rate.

I recently helped someone with a personal injury claim (this is not a large part of my practice). Anyway, while I had them sign a retainer for 33%, i ended up taking far less so they could settle because it was one of those things that would be impractical to file a lawsuit when the claim is really not worth more than a certain amount, yet the client would insist on fighting if he didn't net a certain amount. So my fee came out to be about 10% and from an hourly standpoint, I would estimate it came out to be about $40 per hour. Plus there is additional work to do since there was a minor child involved so we have to get court approval.
Every situation is unique and there may be cases where an attorney could do very little work and make a lot of money but I certainly understand why attorneys charge 33%. Really the smaller the dollar amount, the less worth it is for an attorney to charge less since he/she won't be getting much to begin with.
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Old 11-17-2011, 05:58 AM
 
Location: Philadelphia
117 posts, read 283,656 times
Reputation: 85
My first sentence made no sense - I mean if you do hire an attorney, you will have to pay the attorney so you have room to take less if you are not paying the attorney.
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Old 11-17-2011, 06:34 AM
 
Location: Don't be so snarky
1,521 posts, read 2,758,604 times
Reputation: 1405
Quote:
Originally Posted by RVAtoCNC View Post
I don't know anything about your claim, accident date, or treatment dates, but trust me, you have a fair amount of negotiating left from their "first offer". If your accident was not long ago, then you need to discuss your lingering symptoms, and perhaps you need to let them know you perhaps need more chiro tx or PT, or maybe you need to see an ortho. surgeon and maybe get a couple MRI's. Make them think your tx may not be over, but be prepared to actually go this route if need be. Approx 30% or so of Americans over 30 have disk herniations which will be demonstrated by MRI. If you indeed have a disk herniation, or a torn tendon in your knee or shoulder, then the insurance co. is facing possibility you may have surgery, and their offers will become more generous - to settle your claim before something "bad" happens.
Am I crazy or am I reading into this post too much?

"PERHAPS you need more chiro"; "MAYBE you need an ortho surgeon"; "MAYBE get a couple MRI's"; "make them THINK your pain isnt over"; "Approx 30% of Americans have disk herniations" - so you've got a 1/3 chance that your back is already messed up, and since it will show up on an MRI, you can blame the accident for it?

Before something "bad" happens?

This is disgusting. Absolutely disgusting. Stop gaming the system and making all of our rates higher.

If you're truly hurt, you should be due a REASONABLE payment. If you're thinking of ways to make the situation seem worse than it is, you'll get yours.
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Old 11-18-2011, 06:24 PM
 
1,442 posts, read 2,557,890 times
Reputation: 924
Quote:
Originally Posted by rory breaker View Post
Am I crazy or am I reading into this post too much?

"PERHAPS you need more chiro"; "MAYBE you need an ortho surgeon"; "MAYBE get a couple MRI's"; "make them THINK your pain isnt over"; "Approx 30% of Americans have disk herniations" - so you've got a 1/3 chance that your back is already messed up, and since it will show up on an MRI, you can blame the accident for it?

Before something "bad" happens?

This is disgusting. Absolutely disgusting. Stop gaming the system and making all of our rates higher.

If you're truly hurt, you should be due a REASONABLE payment. If you're thinking of ways to make the situation seem worse than it is, you'll get yours.
you're reading too much into this. The OP felt the ins. co. may be "low balling" him. You have to give the insurance co. a reason to offer you more. Now maybe the offer was fair - I dont know - ask around and try to get an idea. If it's fair, you can pretty much accept it - but settling injury claims is like buying a used car - if you want the dealer to lower the asking price, you have to present reasons for them to do so - same with ins adjusters - you want them to pay more, you have to give them reasons. The PI atty racket is by far the biggest crime in America that is not illegal. Plaintiff's lie, hire lying doctors and experts, fake injuries, undergo unecessary and expensive treatment and even surgery - and the worst that happens? - they lose - no jail time for trying to dishonestly steal money - besides, it's only the big bad insurance company's money, right?
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