Legal Question in Personal Injury in Connecticut

personal injury claim

I am in negotiations with an insurance company regarding a personal physical injury claim. So far I have not needed a lawyer; it's a straightforward claim. Question: If I hire a lawyer now and the day or week after I've hired the lawyer the insurance company approaches me with a settlement, can I accept? Would I have responsibilities/fee to the lawyer if she or he was only involved for a day or so. How does this work?

Asked on 1/24/09, 10:38 pm

3 Answers from Attorneys

Nicholas Adamucci ADAMUCCI, LLC

Re: personal injury claim

Generally, lawyers fees, in a personal injury action, are contingent. This means that you only pay for legal fees if you obtain a settlement or verdict in your favor. The amount of the fees, which is the crux of your question, is set by statute as to amount, not duration. In other words, it does not matter how much time the lawyer spends on your case. The amount is a percentage of the amount recovered. In most cases, the offer does increase due to an attorney's involvment, but there is no guarantee.

If you need further help, you can email me at [email protected] I look forward to speaking with you.

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Answered on 1/25/09, 12:17 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: personal injury claim

Generally, the presence of an attorney is a sufficient threat to greatly

Increase the settlement amount offered... If an immediate settlement is

of concern to you then you may ask for your retainer agreement to contain

Include such contingencies as to protect you in such a situation... However

In most circumstances people are not happy with their early offers.

If you need assistance contact us at 2127098303 we have attorneys ready to assis

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Answered on 1/24/09, 10:53 pm
Michael Skiber Michael E. Skiber, Esq., Attorney and Counselor at Law

Re: personal injury claim

Once an attorney is retained and the insurance company has notice, the insurance company can no longer negotiate directly with the client.

Further, if the attorney is retained when a settlement is reached, he would be entitled to the agreed upon fee, which would be part of any retainer agreement (contract) you enter into with him.

I would suggest that you retain counsel to negotiate with an insurance company. Remember, insurance companies are not your friends. Their primary goal is to limit, at all costs sometimes, their liability.

In your case, by retaining an attorney, the attorney would be able to better value your claim and get a better offer for you since attorneys are quite experienced in negotiations. Consequently, it is likely that any increase in the offer will offset the cost to hire that attorney.

At the end of the day it does not hurt to consult with an attorney. Most, including myself, offer a free consultation.

If you would like to talk further, and set up a consultation, at no charge, you may email me at [email protected]

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Answered on 1/24/09, 10:54 pm

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