Pain and Suffering Lawyer
02-26-2008, 10:01 PM
#2
As long as she had insurance at the time of the accident, she is entitled to basically 1/3 of the entire settlement, pending a lawyer is involved, at least in CA.
My girlfriend was in a tricky situation, where she needed a very dangerous neck surgery about 2 months ago and the surgery alone was $450k. The guy only had coverage up to $250k so they did not even take it to court, it was a no contest maximum amount given. Her lawyer was nice enough to spend his time bargaining all of the Medical bills down (Over 600k total) and she ended up getting ~83k cash after it all, with medical paid and everything. Pain and Suffering is usually implemented when someone (I have been in the position before) does not have insurance and is hit by someone who IS insured. It was no my fault, but because you were driving illegally, you are not allowed to pursue a case, you are entitled to pain and suffering which most of the time, you do not want a lawyer involved because they can do nothing for you. I think I got 10k? Stupid insurance lapsed ****.
My girlfriend was in a tricky situation, where she needed a very dangerous neck surgery about 2 months ago and the surgery alone was $450k. The guy only had coverage up to $250k so they did not even take it to court, it was a no contest maximum amount given. Her lawyer was nice enough to spend his time bargaining all of the Medical bills down (Over 600k total) and she ended up getting ~83k cash after it all, with medical paid and everything. Pain and Suffering is usually implemented when someone (I have been in the position before) does not have insurance and is hit by someone who IS insured. It was no my fault, but because you were driving illegally, you are not allowed to pursue a case, you are entitled to pain and suffering which most of the time, you do not want a lawyer involved because they can do nothing for you. I think I got 10k? Stupid insurance lapsed ****.
02-27-2008, 07:06 AM
#3
As long as she had insurance at the time of the accident, she is entitled to basically 1/3 of the entire settlement, pending a lawyer is involved, at least in CA.
My girlfriend was in a tricky situation, where she needed a very dangerous neck surgery about 2 months ago and the surgery alone was $450k. The guy only had coverage up to $250k so they did not even take it to court, it was a no contest maximum amount given. Her lawyer was nice enough to spend his time bargaining all of the Medical bills down (Over 600k total) and she ended up getting ~83k cash after it all, with medical paid and everything. Pain and Suffering is usually implemented when someone (I have been in the position before) does not have insurance and is hit by someone who IS insured. It was no my fault, but because you were driving illegally, you are not allowed to pursue a case, you are entitled to pain and suffering which most of the time, you do not want a lawyer involved because they can do nothing for you. I think I got 10k? Stupid insurance lapsed ****.
My girlfriend was in a tricky situation, where she needed a very dangerous neck surgery about 2 months ago and the surgery alone was $450k. The guy only had coverage up to $250k so they did not even take it to court, it was a no contest maximum amount given. Her lawyer was nice enough to spend his time bargaining all of the Medical bills down (Over 600k total) and she ended up getting ~83k cash after it all, with medical paid and everything. Pain and Suffering is usually implemented when someone (I have been in the position before) does not have insurance and is hit by someone who IS insured. It was no my fault, but because you were driving illegally, you are not allowed to pursue a case, you are entitled to pain and suffering which most of the time, you do not want a lawyer involved because they can do nothing for you. I think I got 10k? Stupid insurance lapsed ****.
Good Info. I have not even delt with our auto insurence yet as there has been no need to since they were found at fault by the cop. The lady ran a stop sign comming up to a main road. I have a binder full of information. Lost Time, Med Bills, Med Cost even milage to and from the doctors office. Pictures everyday etc. I plan to present my case to them on my own and see if they want to settle. 9 times out of 10 there going to settle. I am not asking for a big amount by any means.
Main reason for not dealing with our insurence is because even if your at fault or not at fault it still goes on your record and still goes to hike the rate.
I know this from personal exp. My mom had 3 non at fault wreaks and Farms canceled her policy. Even though none of them were her fault other then the fact she has bad luck 
Last edited by 1INSANEGTO; 02-27-2008 at 07:14 AM.
02-27-2008, 02:40 PM
#4
Sounds like, so long as you stay organized, you are doing pretty well with your record keeping. The one thing you have to keep in mind is, the first probably... 10 offers are going to be ****, then they will add in a real one. And pending injuries and what-not and long-term effects, you have more power to negotiate. i.e- my accident had long-term effects on my back, so I bargained to have lifetime medical included on those body parts. My dad did the same thing in his accident. If you are interested in getting better over money, which it seems thats the route you are in, you should request medical coverage on the body parts injured for the remainder of life. It's worth a "Cash amount" so even a year later, they will try and offer you cash to buy you out of the lifetime medical. Anyways, goodluck on the negotiating and keep us up on how your chick is doin. Hope she recovers quickly.
Sucks about your mom bein dropped-- never heard of that but I am with AAA and have never had any issues.
Sucks about your mom bein dropped-- never heard of that but I am with AAA and have never had any issues.