Those lawyers on TV just keep sending us mail and calling

Discussion in 'The Watercooler' started by SomewhereOutThere, May 17, 2015.

  1. ForeverSpring

    ForeverSpring Well-Known Member

    Jumper was in a car accident. It was the other parties fault. She had had concussion symptoms for two weeks, but is basically ok. She did see the doctor and is going back again.

    It is annoying at how many ambulance chaser lawyers are soliciting our daughter's services.

    Who the heck are these guys and why are they so aggressive if they read about an accident? Anyone ever use one?

    We are very cynical of these particular types of lawyers. Usually if you want to hire a lawyer, you contact them first. Jumper feels sorry for the older man who hit our van and just wants the lawyers to leave her alone.
  2. InsaneCdn

    InsaneCdn Well-Known Member

    If they are calling you, do not use their services.

    That goes for ANY type of solicitation, except for companies you have dealt with in the past. If they were any good, they wouldn't have to go chasing down potential clients.
  3. Lil

    Lil Well-Known Member

    Totally agree. Don't use them. In fact, let the insurance handle it if she's not suffering any long-term effects.

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  4. svengandhi

    svengandhi Well-Known Member

    I defend personal injury cases as my career and my H handles plaintiff cases. We are a mixed marriage in many ways.

    I respectfully disagree with Lil on letting the insurance handle (and I AM the insurance!). It's too soon to know if she has long term effects. Do you have no-fault in your state? In my state, you can only get your own medical bills paid from your insurance if you put the claim in within 30 days of the accident. If you have it, you go through your own insurance for that. I would not contact any of the ambulance chasers, try to get a referral or two from people you know or contact the local bar association. In most states, you will get a free consultation. Since the lawyers (at least in my state) work on contingency, they don't get paid unless they get a settlement or verdict. Many lawyers won't take a case if it's not worth it because they can't recover the money they put into it if they lose. My H will often just make a phone call or two to try to get a small settlement if the case doesn't warrant much else. A reputable attorney will tell you if Jumper has a case that is worth anything. As for the older man, I tell my clients that you have insurance to deal with the issues of being sued.

    You can do what you and Jumper want, but don't close out any doors yet.
  5. Tanya M

    Tanya M Living with an attitude of gratitude Staff Member

    Never had to deal with any of that but just wanted to say I'm so glad Jumper is ok.
  6. Lil

    Lil Well-Known Member

    Had no idea there were so many lawyers on this board. :) I've been out of the game for a long time as you know; I'm a civil servant of 20+ years, so I would defer to any currently practicing.

    I was in a real hurry when I posted earlier. I didn't mean to suggest you not hire any lawyer ever, although definitely not those. But if it were me, I'd file with my insurance and make sure you do what's necessary to get the other guys insurance involved. Every state is different with respect to claims and the statutes of limitation and you do need to know those. You don't want to make any quick settlements with the want to make sure she's cleared by the doctors.
  7. ForeverSpring

    ForeverSpring Well-Known Member

    The man's insurance company is paying all medical costs right now.
    They seem honest and decent, as far a insurance companies go.
    It's all in the records.
  8. Nancy

    Nancy Well-Known Member Staff Member

    Svengandhi my husband does the same as your husband and he would agree with everything you said.
  9. ForeverSpring

    ForeverSpring Well-Known Member

    So we SHOULD get a lawyer? Not the men on TV (reminds me of Ghostbuters when I say that (giggle).

    I don't want to let the man off the hook, but don't want to teach Jumper to sue, sue, sue either. Want it to be valid. I don't know much about lawyering so I am probably sounding foolish.
  10. InsaneCdn

    InsaneCdn Well-Known Member

    Ok, so I don't know the US legal system but... here, it's similar enough most of the time. You don't have to SUE just because you get a lawyer. For one thing, the lawyer you hire can give you advice. Are the insurance companies being fair? what precautions does Jumper need to take? There may be no cause for a lawsuit, but it's a good idea to know where you stand.
  11. Lil

    Lil Well-Known Member

    I don't think you sound foolish. I think that there's no rush to an attorney, but you shouldn't rule it out. If she is fully released from the doctor with no lingering effects, well, you may just handle things just fine without giving a percentage to a lawyer.

    If the insurance is getting stingy or the doctors are concerned about lingering problems...(for instance, I had a wreck 25 years ago...I settled for 4X my medical bills, but I still have lingering effects in my upper back to this day. It was totally the other guys fault. I could have done better and really, deserved more, but I needed the money and didn't feel like giving part to a law-firm, even the one I worked for, so I settled), then you might want to see an attorney.

    My point is, you may want to consult an attorney depending on the circumstances. You don't have to rush to one tomorrow.

    Keep in mind, I'm probably the least litigious lawyer you'll ever meet. :D
  12. ForeverSpring

    ForeverSpring Well-Known Member

    Thanks, Lil. We'll see what the doctor says when she goes back.
  13. Nancy

    Nancy Well-Known Member Staff Member

    I agree I would wait to see what the doctor says. If there are continuing problems that I would seek a lawyer's advice...not any that called you. If she is recovered and the doctor see no further problems I agree I would not sue to just sue. A reputable lawyer will not advise to sue if there are little or no medical issues. Bear in mind most suits are filed just so they can try to negotiate a settlement. If there are very low medical bills it will be very difficult to negotiate any settlement.
  14. ForeverSpring

    ForeverSpring Well-Known Member

    Right. We really don't want to do it. She had a concussion and a headache and was tired for a week or so. Not sure if it's still bothering her because she isn't a complainer, but she'll tell the doctor. She is acting fine.

    This is actually up to her since she's eighteen.

    Thank you, Lil and Nancy and Sven.
  15. susiestar

    susiestar Roll With It

    Please be very aware that the insurance co is NOT out there to just help you. They are out to save themselves money, period. A GOOD lawyer will help you get a FAIR settlement, not just sue to sue. The lawyers contacting you are NOT good ones because good ones do not need to chase ambulances to get business.

    A concussion is a sign of serious brain trauma. The headache and tiredness for a week CAN be a sign that there will be long term brain issues. PLEASE encourage her to be fully evaluated by a good neurologist BEFORE she signs any type of settlement. If a settlement is offered by the insurance company, PLEASE have it reviewed by an attorney BEFORE she signs anything. THe attorney should have info from the doctors esp the neurologist before an agreement is reached.

    My bro was in a serious accident some years ago. He was hit by a drunk driver and was badly injured as were 2 passengers. The drunk driver's insurance co really tried to do a con job and get all 3 to sign settlements before all the damage was known. If my parents hadn't brought in a good lawyer (it was my mother's car that bro was driving), bro could have been left with many tens of thousands of dollars in medical bills to pay on his own. So could the other two who were injured. Even my parent's insurance co tried to get them to accept a much lower settlement than was appropriate. They advised that bro forget about lost wages except for about $10k when he was out of work for a total of over 8 mos as he had to have an operation about a year after the first one to remove some pins and things. They wanted him to pay for that 2nd operation on his own with-o getting any of it covered by the drunk driver's insurance or bro's insurance (same as my parents - same carrier I mean).

    The lawyer is the one who insisted that they wait and that any settlement cover those things, and the ins companies tried hard to convince us that no claim would cover those things, etc... The lawyer got a much better settlement than was offered and it made a real difference in the care bro was able to get. I think he would have been crippled if he hadn't had the settlement $$ to pay for the 2nd operation and for him to be able to nto work long enough to fully heal rather than to go back to work too soon and stress the injured areas before they were healed.

    The ins co is NOT on your daughter's side, not even her ins co, so she should get a reputable lawyer to at least look over the settlement. Some will even do this in a free consult if the offer truly is fair. But brain trauma can have damage that takes weeks or longer to show up, so she NEEDS to be careful.
  16. Confused

    Confused Active Member

    Best wishes for Jumper!!! Im so sorry to hear about the accident and about those lawyers!!!
  17. ForeverSpring

    ForeverSpring Well-Known Member

    Thanks, Confused.

    Susie, my daughter sees her doctor again soon. It's up to Jumper what she will allow at her age. She seems fine right now. We'll see. I would not use a lawyer on TV though and would encourage her not to :)
  18. Confused

    Confused Active Member

    Your welcome. I agree to pick your, well their own lawyer, look around, references etc. I really hope everything works out. :hugs: