Legal Question in Personal Injury in California

settling a personal injury case

Injured back and wrist in a car accident caused by another driver. Insurance company wants to settle. How do I do this without an attorney? If I hire an attorney what should I negotiate?


Asked on 8/08/00, 5:05 pm

3 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: settling a personal injury case

Hiring an attorney can be good or bad. In a simple case where the injuries are not to bad and you have a good recover you can often do better without an attorney but the more serious or complex the case is the more you might need a lawyer. If you want to hire a lawyer first find out what the company is offering then make sure the attorney fee is based on only what the attorney can get you over and above the offer.

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Answered on 8/14/00, 1:55 am
John Hayes The John Hayes Law Offices

Re: settling a personal injury case

The main reason people hire lawyers is for the simple fact that this is what we do for a living. We evaluate the case, look at your bills, look at the damage done to your car and look at the lasting impact this accident will have on your life. Based on those factors we are able to determine a fair settlement and then talk the insurance adjuster into offering that amount. Our clients have a job and a life, they don't have time to argue with adjusters and get all of their bills from their doctors and then review the reports. They depend on us to deal with everything and in the end pay their medical bills and put some money in their pocket. It sounds like you got pretty banged up in the accident, but before I can even begin to give you an estimate on what you should be asking for I would need to have you answer some questions about the case and find out what your expectations are. I offer free consultations with no obligation to retain my services. You can contact my office toll free at 877-546-9918 or you can email me with your name, phone number and a good time to call and I will contact you at your convenience. Whichever works best for you. I look forward to hearing from you.

Sincerely,

John Hayes, Esq.

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Answered on 8/10/00, 4:34 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: settling a personal injury case

Thank you for posting your situation to my website.

You first have to gather all of your medical bills and records and any other documents supporting any other damages you may have. If there was sufficient damage to your vehicle, photographs would also be valuable. Copies of all of this documentation/information needs to be sent to the insurance adjuster.

You then have to understand and be able to deal with negotiating with a professional adjuster and you have to know what is legal and relevant in the various arguments back and forth and what is not. You also would need to know what your general case value is and what these cases are settling for in court and on an informal basis.

If you hire an attorney, the standard contingency fee is 1/3 but this can be negotiated to some degree, as the fee is not set by law. If your case might involve significant costs, you could also negotiate some of these items with the attorney as well. If you cannot reach an agreement with the insurance company and your case has a value of about $5,000.00 or less, you might also consider small claims court where there is no attorney involvement.

If you wish to call me, I can discuss your case with you in more detail.

Sincerely,

SAM M. EAGLE

ATTORNEY AT LAW

10101 SLATER AVENUE, #218

FOUNTAIN VALLEY, CA 92708

TELEPHONE: (714) 963-5123

FACSIMILE: (714) 964-9993

E-MAIL: [email protected]

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Answered on 8/16/00, 9:38 pm


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