Final Settlement?

Question

Insurance or laywer payout?
Not sure what to do at this stage.
Insurers are willing to compensate me for a fall.
Am getting conflicting advice.
Some say go to laywer for sure, insurance will rip me off.
Others say don't go to laywer as they will take a chunk of your compensation and you may be left with far less than the insurance offer.
In general which one do you think accept, laywer or insurer
I have been offered a FINAL settlement of $20,000 plus 3 months wages paid in advance.
$20,000 is for pain and suffering, i had a slip and fall on ice, all my tests are ok, i have seen a neurologist as i still get dizzy, word mixing probs, headaches, short term memory, ct scans are normal but i still have ongoing pain in my shoulder and neck and it is very painful, i may not be able to work in future because of this.
Neurologist expects i will improve in 3 months with the symtoms.
I spoke to lawyer and he thinks he could get me a LOT more for my case, he said the offer was very low.

Answer 1

No one can tell you what a jury will return as a settlement verdict. It is truly a gamble. So for the liar to say you will get way more, he is trying to get you to sign with him. He isn't going to put this in writing because that would open himself up to paying the claim if something goes wrong.

The question of whether to retain a liar or not depends on how comfortable you are dealing with legal/business matters, and how severe your future injuries could be. When you hire one, you are paying them a significant portion of your settlement, usually 33% of the total settlement. The liar will send you to his doctors to try to build a case. Remember, these medical bills will also take a good portion too. (Their offer will come off the table as soon as you hire the liar, and all of your bills, etc will be lumped together.) If you don't mind handling this stuff, go ahead. If you aren't good with this type of stuff, you might want to bring in a liar. But don't go for that one with the back page phone book ad that says "INJURED - BIG MONEY HERE". Find one with a reputation for integrity. (A lawyer, not a liar.)

As for accepting a settlement now, unless you are up against the statute of limitations (check your local area, this is the timeframe in which you must bring a lawsuit or lose your rights), it doesn't sound like you are ready yet. The neuro says you should feel better in 3 months. If you got the time, give it 3 months to see if he was right. Closed head injuries usually heal without problems, but it is better to give it time to make sure. You can either do this by hiring a liar, or telling the adjuster that you just want to make sure the dizzy spells get better.

Good luck and hope you heal completely.

Answer 2

Not knowing the specifics of your condition and you not really knowing your true prognosis, there would be some speculation on my part. But having been in this business for close to 20 years (primarily working for insurance companies), I think you will do far better with an experienced lawyer. Your dizziness and mixing words is very troublesome to me as well as you ongoing other residual symptoms. You could negotiate your agreement with the lawyer for a percentage fee over and above what you have been offered. For example 33 1/3 fee of any moneys received in settlement over and above the $20K plus three months (and presumably medical bills). Some lawyers will not go for this so keep shoping until you find an experienced one who will.

Answer 3

Put your attorney on the spot. Give him the case with a written contract which provides you a guarantee from your attorney of receiving not less than the offered settlement. If he's not willing to 'put his money where his mouth is', you should have a hint as to how strong he thinks your case may be.

My wife is a medical professional and was involved in a malpractice suit about a decade ago. The plaintiff was offered a settlement of $100,000, turned it down, hired an attorney and took it to a court of law. During the course of the trial, the insurance defense attorneys were not happy with the progress of the case and upped the offered ante to $250,000. His attorney recommended that he refuse that offer and stick to his original demand of $500,000. When the jury returned with their decision, he got ZERO. Two appeals of the jury decision were upheld and further appeals denied.

Take your attorney's claim for what it is worth.

Answer 4

Well, if you go the lawyer route, you might get more, and you might get less. But the lawyer will get theirs first. Then, you would have to wait. It could be anywhere from a month to a year before the lawyers settle. If they are willing to give you the $20,000 plus the 3 months pay, I would go for that. Plus, you have a possibility to keep your job right?

Answer 5

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