Legal Question in Personal Injury in California

Re: Auto Accident

Mr. Stone-Molloy is correct. There never was a law mandating how settlements were to be divided, merely an old rule of thumb of 3 times the medicals resulting in a 1/3-`1/3-1/3 split. While insurance carriers do not like chiropractors, in pat because a fair number greatly over treat, a 65 mph difference is vehicle speeds results in a large amount of force and usually more medical treatment than the normal injury. You did not mention whether you had any wage loss, but if the settlement offer is only $7,500 total, it does seem the insurance carrier is gambling. If this is just the beginning of the litigation then they will come up usually; if they know your attorney always settled and never goes to trial, the will low-ball you because they know you attorney rather settle than fight. It is not a good sign that he does not know what the policy limits are, his own costs [he will try to take those off the top of any settlement], etc.

Re: Auto Accident

I'm sorry, I've never heard of any "33 1/3 ruling" and I don't think such a thing ever existed. In the old days, it was common to figure settlements automatically as three times the medical bills, with the idea of a three-way split between the lawyer, the doctor and the client, but that wasn't a rule-- it was just the common practice. That old practice isn't really followed anymore, so maybe that's what your lawyer is talking about.

The fact is, there's no necessary connection between your bills and your settlement. Many factors play into the calculation. The settlement could be a lot less, or a heck of a lot more. It depends.

Like Bob Bennet said, you can always hire a new lawyer, and it won't increase your legal fees any. If you want to talk to me about it, I can be reached at 818.257.9250

Re: Auto Accident

It doesn't sound like you are being offered enough on a rear-end collision with those damages to the car, and to you.

The attorney may be handling the case properly, and may not.

Your lawyer should be able to give you his costs.

You can always hire and fire an attorney. Perhaps, you should consult with another attorney. The State Bar has lawyer referral programs that would put you in touch with a lawyer for a very reasonable consultation.

Re: Auto Accident

This makes no sense at all. If you go to www.mwrothinjurylaw.com you can download a free special report on Hidden Inside Secrets Insurance Companies Don�t Want You to Know. I assume from your posting that the proposed settlement would leave you with a net settlement of $2,500. You should have another attorney review the matter and give you a second opinion.

Re: Auto Accident

From the few facts you gave us, it does not sound reasonable. You should seek a second opinion. There is information about hiring an attorney at www.calpiblog.com and click on Hiring an attorney. You can also get my free report by emailing me at [email protected]