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 Posted: Tue May 19, 2009 4:56 pm Post subject: I was hit by a car, and I had to have physical therapy, plus |
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| I was hit by a car, I have physical therapy, plus lost wages. My attorney only gave me the amount of what i will be receiving. However, he did not give me any information about the total amount of the settlement from the insurance company. What should I do? i feel that the attorney is not forthcoming. |
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marie129150
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| Posted: Tue May 19, 2009 5:19 pm Post subject: |
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| Sweet! An attorney would be required to obtain permission from a client to settle the loss. But perhaps you were told the amount and just don't remember. You will need to sign a release and the release will have the amount listed on it. You could also call and ask your attorney how much is being offered by the insurance company. After all, you are paying him 33% of your settlement. If all of your medical bills are paid then your attorney collects 33% of the settlement and you'd get the rest. You could multiply your amount by 133% to determine what the settlement amount was (this will only work if no medical bills are coming out of the settlement amount and if my math is correct). |
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tcope
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| Posted: Tue May 19, 2009 5:20 pm Post subject: well... |
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thats why with all do respect FILE A CLAIM BEFORE YOU GET AN LAWER.
you do that as a last resort a lawer will get you maybe double the amount then what you would have had with just filing a claim...but he will take 65% of it....
call the insurance company? cal his boss...if nothing happenes then...call the BAR |
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Agent007
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| Posted: Tue May 19, 2009 5:24 pm Post subject: |
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| Quote: | | you do that as a last resort a lawyer will get you maybe double the amount then what you would have had with just filing a claim...but he will take 65% of it |
There is just no way to know what an attorney would get as opposed to without an attorney. Every situation is different. sometimes it might be the same other times it might be something vs nothing. Also, attorneys collect 33% of a settlement and usually 40% if it goes to court (plus expenses).
The insurance company cannot speak to the OP as the OP has an attorney. |
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tcope
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| Posted: Tue May 19, 2009 5:30 pm Post subject: well |
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| I do understand that In MY state they can take avery large chunk.....VERY LARGE |
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Agent007
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| Posted: Wed May 20, 2009 7:51 am Post subject: |
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Isn't it little unusual that the attorney hasn't disclosed the settlement amount to the client?
By the way, your math is right Tcope, she can find out the total settlement amount by increasing her receive by 133%.
| Quote: | | I do understand that In MY state they can take avery large chunk.....VERY LARGE |
Now, does lawyer's compensation vary from state to state?
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anonymous 12
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| Posted: Wed May 20, 2009 8:40 am Post subject: insurance |
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| I'm just curious, OP. First of all, I'm sorry the accident happened and you're in so much pain. HOW did the accident happen? Did the car hit YOU first: I mean are YOU at 'No-Fault' in this accident? Your Lawyer should have been honest, up front, and told you the amount of EVERYTHING..NOT just your lost wages. If you don't mind telling us, do you have 'Full Coverage' or Liability? Just alot of information is 'missing' in your post about the accident.....just trying to put in my '2 cents' with all of the facts. |
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sdchargersfan
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| Posted: Wed May 20, 2009 6:43 pm Post subject: |
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I agree with sdchargersfan
there is a lot missing from this puzzle. |
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Agent007
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| Posted: Thu May 21, 2009 1:54 am Post subject: insurance |
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| Since there are facts missing, I'll try to give advice where I can. I don't think you would try to hire a Lawyer and THEN try to file a claim, unless the accident was your fault..someway. Did you call the police when the accident happened? ..etc. |
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sdchargersfan
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| Posted: Thu May 21, 2009 7:05 am Post subject: |
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| Since Marie has only said that she was hit by a car and there is no mention of the damaged car there is a fair chance that she was walking/crossing the road when she was hit. Do you guys agree with me? |
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kelvin
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| Posted: Thu May 21, 2009 10:49 am Post subject: |
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it's possible kelvin...it also sounds to me like the claim has already been settled...
| Quote: | | Now, does lawyer's compensation vary from state to state? |
Actually it varies from attorney to attorney, however I've never seen an auto bodily injury claim that did not go to court where the atty/client contract (contigency) was any different that a third, or 33.3% of the full and final settlement...now if it goes to court and is tried, I've seen contracts as high as 50% but more common per T's post 40% if a trial is held. An attorney is self employed an independent contractor and can charge pretty much whatever they want...but the client has to sign the contract...any client that signs a contingency BI contract for 65% probably suffered a severe head injury  
The OP either isn't understand what her attorney is telling her, or she has a crappy attorney..either way, she needs to get on the horn, and tell her attorney, 'show me the money'...
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Lori
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| Posted: Thu May 21, 2009 10:58 am Post subject: |
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| Quote: | | but the client has to sign the contract... |
So, our OP too had signed a contract with her attorney. However, either she now can't remember what the amount she had signed or may be your guess is right; she hadn't understood what she was told by the atty.
| Quote: | | 'show me the money' |
I think the atty has already given her share to her after deducting his payout. |
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kelvin
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| Posted: Thu May 21, 2009 11:48 am Post subject: |
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| Quote: | | So, our OP too had signed a contract with her attorney. |
yep... | Quote: | | However, either she now can't remember what the amount she had signed or may be your guess is right; she hadn't understood what she was told by the atty. |
right, she would've had to sign a contract with the atty for his/her fee...then she also would've had to sign a release for the settlement from the insurance company which of course would've had the total amount of the settlement on it.
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Lori
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