Mother was in car crash in Maryland and was hospitalized, what are the best next steps?

[throwaway238479]

She is expected to recover and be relatively back to normal in perhaps a month or two. There may be some continuing health complications we aren't sure yet. The driver of the truck that hit her claimed he blew a rear tire and lost control and the company seems to agree with that assessment. We have filed a claim with the company's insurance and we are waiting to hear more info I guess.

ANY info at all would be helpful as to where we should go from here, what legal challenges we may or may not face in the future, etc. anything you can share. I am extremely inexperienced in this arena.

We have talked to a friend who went through a similar scenario and they advised not getting a lawyer immediately, as their lawyer took 40% of their settlement and they think they could have netted more without him. Is this unrealistic, since any potential settlement will be much smaller without a lawyers involvement? How would we determine the highest settlement that they would likely be willing to pay?

 

[justblue]

She is expected to recover and be relatively back to normal in perhaps a month or two. There may be some continuing health complications we aren't sure yet. The driver of the truck that hit her claimed he blew a rear tire and lost control and the company seems to agree with that assessment. We have filed a claim with the company's insurance and we are waiting to hear more info I guess.

ANY info at all would be helpful as to where we should go from here, what legal challenges we may or may not face in the future, etc. anything you can share. I am extremely inexperienced in this arena.

We have talked to a friend who went through a similar scenario and they advised not getting a lawyer immediately, as their lawyer took 40% of their settlement and they think they could have netted more without him. Is this unrealistic, since any potential settlement will be much smaller without a lawyers involvement? How would we determine the highest settlement that they would likely be willing to pay?

When your mother is up to it SHE would go and speak to a personal injury attorney. Legally speaking, you have nothing to do with this.

 

[throwaway238479]

When your mother is up to it SHE would go and speak to a personal injury attorney. Legally speaking, you have nothing to do with this.

I see that makes sense, so it is worth it at all for my dad to go to a few free consultations with lawyers? Or just wait until my mom can come along in a month or two?

 

[adjusterjack]

I see that makes sense, so it is worth it at all for my dad to go to a few free consultations with lawyers?

See my comments on freeadvice.com

 

[justblue]

I see that makes sense, so it is worth it at all for my dad to go to a few free consultations with lawyers? Or just wait until my mom can come along in a month or two?

Mom would have to be there...this is her case.

 

[adjusterjack]

Dad's, too.

Loss of consortium is still compensable in Maryland.

 

[zddoodah]

The driver of the truck that hit her claimed he blew a rear tire and lost control and the company seems to agree with that assessment. We have filed a claim with the company's insurance and we are waiting to hear more info I guess.

"The company"? Are you saying that, at the time of the accident, the other driver was acting in the course and scope of his/her employment (and maybe driving a car owned by his/her employer)?

Also, we? This appears to have nothing to do with you.

ANY info at all would be helpful as to where we should go from here, what legal challenges we may or may not face in the future, etc. anything you can share.

This is an awfully vague question, and your mother would be well-advised to consult with, and possibly retain the services of, a local personal injury attorney.

We have talked to a friend who went through a similar scenario and they advised not getting a lawyer immediately, as their lawyer took 40% of their settlement and they think they could have netted more without him.

If your mother is dealing with an individual and not a heavily insured business entity, she's not likely to get more than the other driver's policy limits, which may not be more than the minimum coverage required by Maryland law ($30k). In that case, hiring an attorney, who will get a contingent fee of anywhere from 25-40%, probably won't be of much value. On the other hand, if she's dealing with a business entity that has substantial insurance coverage, then hiring an attorney may well net her more money. In any event, the concern that the lawyer's fee may result in a lower net recovery is something that should be discussed in the consultation with the attorney. Any honest attorney will provide your mother with a frank assessment of that aspect of the situation.

any potential settlement [may] be much smaller without a lawyers involvement

I agree.

How would we determine the highest settlement that they would likely be willing to pay?

You go to law school and spend several years litigating and otherwise handling personal injury cases. Even then, you won't be able to predict anything with certainty.

 

[Redemptionman]

Yeah, but if you mom had an UIM/ UM coverage then you can go after that. While it shouldn't be but is adversarial in nature. Meaning that you will have a big fight on your hands. In a perfect world state law would have everyone holding enough insurance to fully compensate your injury but they don't.

I would suggest you talk to the 3 largest Personal Injury firms in your state and get on with it. They will handle everything and get you paid but don't expect it to be fast and quick. Unless of course you want to settle for the policy limits of the individual who hit you.