Car Accident Legal Questions

The retainer agreement you signed dictates the attorneys fees! However, depending on how much the work the lawyer did, like how many calls he made to get the policy limit, presumably, and so on, his fee's can always be negotiated. More importantly, if your claim is worth more than $15k, why don't you pursue an under-insured claim against your own carrier, assuming that you have that type of coverage! Another words, if you have 100/300 of under-insured coverage on your own policy, then you can recover $85k if you claim is worth $100k.(offset for the intitial $15) The lawyer you have handling your case should discuss the value of the case with you, before settling the underlying 3rd partty claim. If your case is worth more than $15, then his fee's may be resonable since he has alot more work to do in pursuing the rest of the money.   Alot more questions have to asked before the fees can be discussed. But in the finall analysis, evevrything is negotiable!    ... Read Answer

This is very unfortunate.    A lawyer is ethically required to respond to clients promptly.   You can terminate that lawyer, and retain a new lawyer to assist you.  The first consultation is usually free, and typically, you will only pay one attorney's fee if you switch lawyers.  Good luck. ... Read Answer

If you have a settlement, that settles all the claims you have, including claims for medical expenses, compensatory damages, physical damage and pain and suffering.  If you are offered a settlement and accepted it, then the insurance company is paying you for all claims.  You should not be negotiating a settlement in an at fault accident without obtaining advice from an attorney.  IF the BI limits are $10,000 that may be all the insurance company for the at fault driver can or would pay.  If you already agreed to settle, then there may be nothing more that can be done if you signed a release.  IF you settled, then what you owe your chiropractor is between you and that chiropractor.  ... Read Answer

Hello Destiny, Depending upon the particular facts and circumstances concerning you, your guardian, your grandmother and the truck it may or may not be possible. Much more information is needed to analyze the issue. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.  ... Read Answer

Retain an attorney here in Florida on contingency fee which means you pay nothing unless you win the case. Also seek medical attention within 14 days of the accident so that you can preserve your pip benefits. Take pictures of the damages to your car as well to show the severity of the accident. ... Read Answer

Sorry to hear about your accident. Because you and your daughter were awarded by the negligent party's insurance company it is unlikely that she will be able to recover any further compensation towards her injuries. The release agreement that you were asked to sign before the insurance company issued you both a check contains language eliminating the beneficiary's ability to sue after accepting the check. In case you still have a copy of that you should review the language contained within for better clarity. Hopefully this answers your question.... Read Answer

Hello Brianni, Very sorry to hear of yoru serious accident. I hope that you are improving. Speak with a Personal Injury attorney a.s.a.p. regarding a  potential case against the drive and ownerr of the vehicle and possible UM/UIM if such coverage is available to you. Choose an experienced professional to guide and advise you and evaluate your claim.    A Personal Injury attorney can investigate this matter and determine all possible responsible parties and insurance coverages including any available 1st party coverage rather than pursuing this on your own.   However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.  ... Read Answer

This police report is indicating that the car which struck you is at fault for striking you.  You were able to stop to avoid hitting the cars in front of you; the driver who hit you was "driving too fast for conditions."   That does not mean that there is no liability at all on the car in front for creating the situation.   It is all relative. If the car which struck you has coverage for rental vehicles, you can claim for that against his or her insurance company, since you have no collision coverage.  You should continue your treatment as needed. If you have any bruises you should take photos. You should also take photos of the damage to your vehicle.   Whether you have full or limited tort will also affect your ability to recover for your injuries.  You can learn more about this on my website at:    https://www.jjsassoc.net/blog/dont-get-fooled-get-full-tort/   All the best, Joyce          ... Read Answer

Contact your insurance company and they should provide counsel for your husband's legal defense. What is your husband's bodily injury liability policy limits? Do you know? The reason is that the deceased's family can still pursue a claim against your husband if the policy limits are not high enough to cover the family's losses. ... Read Answer

Hello Wilton, A Personal Injury attorney can investigate this matter and determine all possible responsible parties and insurance coverages including any available 1st party coverage rather than pursuing on your own.   Choose an experienced professional to guide and advise you and evaluate your claim if injured. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.    ... Read Answer

Your insurance company is required to appoint defense counsel for you.  If you have not been contacted by a defense attorney, contact the claims representative at your insurance company and find out what is going on.  You should also find out if the plaintiff's attorney has made a "policy limits demand," when it was made, how the insurance company plans to respond, etc.  You are entitled to know all of this information, and you should insist your insurance company keep an open chain of communication with you about your case.  Also, have you received a "Reservation of Rights" letter from your insurance company?  If not, find out if they are going to issue one or if they are reserving their rights.  If they are, you may have the right to have independent counsel appointed to represent you on your insurance company's dime, but I would need to know more information before I could definitively address that or allay your other concerns.... Read Answer

You need to hire defense counsel if you do not have an insurance policy that will provide you with an attorney for the accident.  My office handles this type of work on occasion.  Please feel free to reach out to us for more details 203-870-6700.  There may be other options available to you with some outside the box thinking.   I hope to hear from you soon. ... Read Answer

The fact that the insurance company will not pay at this time, doesn't mean that you don't have a claim against the driver and owner. The insurance company only has to pay if the all of the conditions of coverage are met. If the driver, not the owner/insured, is not listed as an insured on the policy and does not have a drivers license, most insurance companies will not provide coverage. You can still sue the driver and the owner for damages. The insurance company might cave in and pay if you sue the owner/insured.... Read Answer