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Injured in car accident - Will I be able to receive fair compensation?

Discussion in 'Auto Accidents, Injuries' started by Ditwar, Nov 5, 2020.

  1. Ditwar

    Ditwar Law Topic Starter New Member

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    Jurisdiction:
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    Hello

    I had an car accident almost a year ago. It was not my fault. I was injured in my neck and lower back. The other person crashed into my car in the right side, in the back passenger door. On impact, the car turned about 180 degrees looking almost in the opposite direction.

    Because of the nerves at that time, I did not feel any pain. My entire body was on adrenaline. Fortunately, a woman who was preparing to go down the street saw everything and was my witness that it was not my fault, that the other party came after me and hits me.

    The police officer found the other party guilty and before he could give her the ticket, the lady left the scene of the accident to the surprise of the police officer and all of us who were there. But he could take her information before.

    My car was totally lost. One and half month after the accident I got an MRI of my back and a herniated disc was discovered. I had never had problems with my lower back and now I suffer from pain every day, pain that irrigates the buttocks, legs and feet. Also, I have pain in my neck, but no so often as my lower back.

    The chiropractor diagnosed in that I have torn ligaments in my neck and that the prognosis is that my neck will get worse and suffer pain. He told me that the lesson was recent.

    I have already been to two neurosurgeons, one diagnosed me with SI joint dysfunction in addition to the herniated disc and said these injuries may have come from the accident. I had an virtual consultation with another neurosurgeon but he did not give me an accurate diagnosis, only told me that all my pain is due to the herniated disc, that is a permanent injury and that the prognosis is that my condition will get worse.

    I have an attorney, but they are not making anything for me. Literally, I have to beg that they take care of the doctors invoices or they answer my calls. Today I called another attorney, he told me that I can claim all the money that I want but if the lady who crashed into my car, does not have money, I will only get the maximum injury coverage of her insurance. If this is 10K then this is what I get and If I fire my lawyer, he can charge me from the 10k, the hours he "worked" in the case and I end with almost nothing and the new lawyer will not get paid.

    So it mean that if the lady only have let say a maximum of 10k coverage, probably the only money that I will get is this, for an permanent back injury? And if for example 10K is the maximum and the attorney get 30%, it means, I will have get maybe 7k or less? Is there something else we can do?

    What do you think about this?
     
  2. mightymoose

    mightymoose Moderator

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    This was a year ago. Are you still unaware of the insurance coverage of the other party?
    By now you should know all about insurance and assets.
    What about your own insurance coverage?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I think you should read the Underinsured Motorist Coverage of your policy, if you have that coverage.
     
    justblue likes this.
  4. Zigner

    Zigner Well-Known Member

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    Why don't you use your health insurance for the medical portion?
     
  5. zddoodah

    zddoodah Well-Known Member

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    What is it you expect your attorney to "make" for you, and why do you think your lawyer should "take care of the doctors [sic] invoices"? Not returning calls, on the other hand, is a sign you might need to seek a new attorney.

    1. Why didn't your personal medical insurance pay the doctors' bills?

    2. Do you have a signed, written agreement with your current lawyer? If so, what does it say will happen if you terminate the representation before you receive any recovery?

    3. How much are your medical bills?

    4. Are you fully recovered?

    5. Do you have any lost wages? If so, how much?

    6. Based on a quick google search, Florida appears to have a no-fault auto insurance system. If that's right, why didn't your auto insurer pay your medical bills (up to the limit of the policy)?

    7. After a year, there should be no question about the terms of the other party's auto insurance coverage.

    8. In general, personal injury attorneys work on contingency, which means they get a percentage of your recovery. If you recover $10,000 and the lawyer's contingent fee is 33%, then your recovery gets divided as follows: (a) the lawyer gets $3,333.33; (b) your medical expenses get paid (or, if your personal medical insurance has already paid, your insurer gets reimbursed); and (c) you get what's left over. If you fire your lawyer before you get your recovery, then your lawyer is entitled to a reasonable hourly rate for time worked. You would also have to cover payment to any new attorney.
     
  6. Ditwar

    Ditwar Law Topic Starter New Member

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    Neither my lawyer nor his assistant informed me about the insurance coverage of the other party.
    It wasn't until just a few days ago that they told me the limit of the lady's coverage is only 10K, because I wrote them an email and told them that I wanted to know the limit in her coverage and that I wanted the answer in writing.
    I also asked them that I needed to know how much money I owe from the moment the pip was exhausted. They did not answer those 2 last questions, just that they want to have an conference with me next week.
     
  7. Ditwar

    Ditwar Law Topic Starter New Member

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    Unfortunately I did not have underinsured motorist coverage at the time of the accident.
     
  8. Ditwar

    Ditwar Law Topic Starter New Member

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    Because the assistant of my attorney told me, that first the pip must pay and after the pip is over, the providers can charge my health insurance.
     
  9. army judge

    army judge Super Moderator

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    There you go, what a responsive, responsible attorney you've hired.

    Once the meeting is over, ALL of your questions will be answered.

    That will make you a very happy person.

    Florida is a No-Fault Auto Insurance State. What Does That Mean for You, OP?

    The “no-fault” law in Florida means that, in the event of a car accident, both parties turn to their auto insurance policies to make claims, regardless of who was at fault. To cover this, all Florida drivers must have Personal Injury Protection (PIP) insurance included in their car insurance policy.

    What is No Fault Insurance mean to Me in Florida?

    The Florida No-Fault Motor Vehicle Law requires drivers to carry Personal Injury Protection coverage as part of their auto insurance; this No-Fault coverage pays the insured's bills, regardless of fault, up to the limit of the insurance (minimum limit is $10,000).



    What Does Florida’s No Fault Auto Insurance Really Mean?
    A Florida lawyer speaks.

    What Does Florida's No Fault Auto Insurance Really Mean? | Personal Injury Attorneys Schwed, Adams & McGinley
     
  10. Ditwar

    Ditwar Law Topic Starter New Member

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    Under our contract, we agreed that he is authorized and directed to pay any and all reasonable and necessary medical bills, etc incurred as a result of this accident when I get my settlement. We agreed that he is authorized to review all of my bills and seek to reduce these bills where appropriate. So he should take care of all the bills and have a clear picture of the costs and inform me about it. That is what I expect from him.


    Because they told me that the PIP must pay first and when the PIP is exhausted, the health insurance pays.

    Yes I do, it say that I will be obligated to pay the lawyer out of the recovery, when received, the greater of the full fee due to the attorney according to the formal offers at the time of termination or a reasonable attorneys' fee for the total time and efforts spent, also for all services provided, for all costs advanced, including copies, postage, and all other "in-house costs".

    Because they had an clause called termination by firm which they wrote they may claim a lien on any future recovery if I choose to proceed with any claim on which they have expended time &/ costs or else as provided by law, and I did not agreed with this clause, he sent an Email with his signature where they wrote they cannot claim a fee if they quit and they cannot claim a fee if I terminate him for cause.

    I don't know.

    No

    I work on my own, I have not been able to generate income in my business because of this.

    They did it but the coverage is exhausted.

    When I wrote this post I did not have this information, only after I asked specifically inquired and requested that the information be given to me in writing.

     
    Last edited: Nov 16, 2020
  11. Zigner

    Zigner Well-Known Member

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    Please edit your post so that your reply is separate from the quoted text.
     
  12. zddoodah

    zddoodah Well-Known Member

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    You wrote that your attorney is "directed to pay . . . medical bills . . . when [you] get [your] settlement." Have you gotten a settlement? Doesn't sound like it. If that's right, then there is no reason to expect your lawyer to pay your medical bills. I'm not sure what "take care of all the bills" might mean, but your lawyer has no power to "reduce" your bills unless the providers are willing to do so.

    Either way, you've got insurance paying your bills, right?
     
  13. Ditwar

    Ditwar Law Topic Starter New Member

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    I mean with taking care of the bills is:
    keep a record of invoices, send a letter of protection to suppliers, if a provider sends an invoice, the lawyer must send him a letter of protection (if he does not have one yet) to prevent the invoice from being sent to collection or if the provider does not accept a letter of protection, at least negotiating so that it is not sent to collection. Don't ignore my Emails when I send an invoice. Keep me informed about the expenses (which is very important in my case, because the lady only has $ 10,000 in her policy). If PIP is over, then it is also their responsibility to verify that the provider bills the health insurance and if the provider does not bill the health plan, find out why not and inform me. Keep me informed.



    An example, and I summarize because I do not want to make this post very long, if I had not intervened with a provider that was sending me an invoice of almost 2,000 dollars, I already had an invoice in collection. This is not supposed to happen.



    How are my lawyers supposed to do a good job, if your assistant doesn't do her job well? Because here it is mainly his assistant who is not doing her job well and his boss who is my lawyer, who knows that I have problems with his assistant regarding the lack of information and the problem with bills, and he knows it because of the many emails that I have sent to his assistant, I have sent them with a copy to him. And he, as my lawyer, has not intervened or written us anything.



    I recently learned that another attorney (a company associate attorney who said he was an employee of the company) is going to be working on my case. Another new news…. Last week, we had a phone call with this "new" attorney. The second phone call with a lawyer after almost a year. The first call was the free consultation with the boss before hiring him. He believed that the name of the insurance company of the at-fault party was X but in reality it is C not X and I had to correct that mistake. Then, he gaves me numbers that don't match at all. First he told me that there was still money left in the pip, then he realized by looking at the pip log that it was not true, and that all his numbers did not match.

    Honestly, I have my doubts that they can or want, do a good job in my case.

    Not all medical invoices will be paid from the Health insurance because for example the rehabilitation, the health insurance only pay an limit amount of visits.
     
  14. Ditwar

    Ditwar Law Topic Starter New Member

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    I'm thinking of firing my attorney for breach of contract and fight this case alone.

    Due to the above expressing and also for the reason of not having informed me in time about the limit in the lady’s insurance (thus generating invoices for a few thousand dollars), despite the fact that on multiple occasions I told her that I was worried about the expenses that were piling up and she told me. I didn't have to worry because all expenses were going to be recovered when they make the claim. Also for lying, writing she informed me about it in September, which is not true.

    What do you think?
     
  15. adjusterjack

    adjusterjack Super Moderator

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    Please don't open additional threads about this case. It's all the same topic. The other thread has been deleted. If you need additional discussion please do it here.
     
  16. Ditwar

    Ditwar Law Topic Starter New Member

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    ok, I thought that since it was a new question I should open a new thread.
     
  17. Ditwar

    Ditwar Law Topic Starter New Member

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    ok I thought that since it was a new question I should open a new thread.
     
  18. Ditwar

    Ditwar Law Topic Starter New Member

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    I'm thinking of firing my attorney for breach of contract and fight this case alone.

    Due to the above expressing and also for the reason of not having informed me in time about the limit in the lady’s insurance (thus generating invoices for a few thousand dollars), despite the fact that on multiple occasions I told her that I was worried about the expenses that were piling up and she told me. I didn't have to worry because all expenses were going to be recovered when they make the claim. Also for lying, writing she informed me about it in September, which is not true.

    But I am very concerned about the amount they would charge me, for the supposed time invested, despite the fact that during the time that they have the case, which is since February of this year, I only spoke to their assistant and last week I spoke for the first time with one of his lawyers for 35 minutes to update my case.

    What do you think?
     
  19. army judge

    army judge Super Moderator

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    Perhaps you should ask your current attorney HOW much you'd owe her/him if you fired him?
     

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