Legal Question in Personal Injury in California

Re: Should we hire a lawyer?

You might want to consider these two items:

1. Why would the insurance people tell you that? Maybe because they do not like paying more?

2. It may have been against the law for the insurance person to have told you that!

JOEL SELIK

Attorney at Law

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Re: Should we hire a lawyer?

it's in the insurance company's best interest to tell you that. statistically, the vast majority of claimants do far better when they are represented by competent counsel, even taking into account attorneys fees.

Re: Should we hire a lawyer?

Who has the vested interest, the insurance adjuster or the attorney? Yes, the attorney will receive a proportion of your husband's settlement or judgment. Without a lawyer, though, the return very likely will be a lot less or none at all. You have to crunch the numbers. Cases with broken bones are very serious and are worth much more compensation than routine muscle strain. The insurance adjuster wants to limit recovery as much as possible to protect his/her employer. I hope this helps.

Re: Should we hire a lawyer?

An insurance agent should never tell an insured not to hire a lawyer. The lawyer is an expert and can advise you on what to give and not to give to the insurance company. He can help you evaluate the case and get you maximum recovery. You should consult with legal counsel. Most attorneys will give you a free consultation.

Re: Should we hire a lawyer?

I agree with the prior answers (in case more are added later, I note that the answers I have seen come from Messrs. Selik, King, Cohen and Kuhn), and I join in their recommendation that you at least consult with an attorney. There are some additional points I'd like to make.

[The wording of your question suggests that the other driver is the one with the broken arm and cracked ribs, but I will presume your husband is actually the one who was hurt. I will also presume that your insurer has been paying the medical bills so far.]

First, when you speak with an attorney try to find out what a reasonable settlement range for the case might be, assuming that the defendant can pay. Between your own health insurance and the other driver's liability insurance, is there enough coverage to get you into -- or at least close to -- this range? If so, you may want to just take the insurance money and be done with it; your health insurer will sue the other driver for reimbursement if they decide the claim is worth pursuing in court. (If they do, the suit will be brought in your husband's name and he will have to cooperate.)

If the other driver's insurer has offered to pay your husband the amount of his policy limits, then a lawyer is not going to be able to get more out of them. Insurers don't have to may more than the policy limit -- otherwise calling it a "limit" would be pretty meaningless.

If your husband's injuries exceed the amount of the other driver's insurance, then you have the option of suing the driver personally. This may prove pointless, since it sounds like your insurer has already evaluated his ability to pay and has decided not to pursue him. Without more facts I could not say whether it would make sense to accept the settlement you have been offered or to seek more.

Keep in mind that your health insurance is only responsible for your husband's medical bills. It is not on the hook for pain, suffering or the diminished use of his arm. Compensation for those items -- and for any deductibles and co-payments -- will have to come from the other driver and/or his insurer.

You need to discuss the specifics of your situation with a lawyer in order to figure out what you should do. Even if you decide to accept the current offer, you should have a lawyer review the terms of the settlement agreement so that you don't end up agreeing to something you shouldn't.

Re: Should we hire a lawyer?

The primary factor is to not believe the insurance company. IF attorneys got less for clients than they could get for themselves, there wouldn't be any attorneys doing PI. Contact us if you would like to get full value for your case.

Re: Should we hire a lawyer?

The others gave the best advice.

Re: Should we hire a lawyer?

According the facts you describe the only relevant issues are

1. What is the limitation of coverage for the driver?

2. Was the driver working for an employer at the time, or is there some other predicate for liability of another party?

3. Does the defendant have any assets.

Generally you will recover significantly more with a good attorney in your corner. I might recommend finding out what the agent says you will recover on your own, and then negotiate a deal with a lawyer with that in mind.

From your zip code I'd guess you are in LA County. Feel free to call to discuss the matter further.