Bad wreck -- lawyer up, or no?

[WalnutCrest]

On Monday, I was driving my pickup and 10yr old son was my passenger. We were pulling a (thankfully empty) cattle trailer on a two lane highway. Turning left into a driveway (turn signal on and brakes applied), we were hit by an 18 wheeler who was still going at 50-60 mph. Impact was so hard that the trailer was ripped off of the truck and thrown into a ditch about 40-50 feet away. Truck didn't roll. The 18 wheeler was not drivable. There were no skid marks indicating the other guy even attempted to stop. My son and I walked away without a scrape. If we'd not been turning, the trailer would have ended up in the cab of the truck and my wife would be overseeing two funerals right about now.

The other guy is insured and the claims process has started for the physical property and the personal injuries.

My son and I both have head trauma and back/neck (mine is worse than his but I am able to walk around, pet the dog, etc.). Thank goodness my CT scan didn't show any swelling or blood. Doctors said son didn't need one based on his symptoms. Son has been cleared to rejoin the human race as of yesterday.

I think I should be able to handle getting repairs made and/or checks cut to cover the physical property damage ... but ... not sure about how to handle the injuries. Paying a lawyer 1/3 of what they recover seems awfully steep, but, since I've never been down this road before, I'm not sure how much I'd miss (or do incorrectly) by not having good professional advice.

Anyone ever been through a do-it-yourself claim for personal injuries? Would you do it again, or would you just bite the bullet on paying a huge hunk of the recovery to get a lawyer involved?

 

[TennesseeTuxedo]

Lawyer up.

 

[Bigfoot]

Of course you are entitled to property damage, and doctors bill. If you are talking about something for pain, and suffering, I'd let it go. I've had countless opportunities to "lawyer up" over that. I figure someday I will be judged by the same measure that I judge others.

 

[branguscowgirl]

Agree with TT. You should get an Attorney. There are things that will need to be investigated probably. And the Attorney will know the ins and outs. Thank goodness your trailer was empty! Glad that your son is ok and you were not hurt more serious! Very scary ordeal!!

 

[TexasBred]

Of course you are entitled to property damage, and doctors bill. If you are talking about something for pain, and suffering, I'd let it go. I've had countless opportunities to "lawyer up" over that. I figure someday I will be judged by the same measure that I judge others.

Ditto...ditto...ditto...too many people to eager to sue somebody over minor things. I'd be on my knees thanking the Lord we were both alive.

 

[Bigfoot]

Infact, I have refused pain and suffering when it was offered from a chain store, and an airline.

 

[TennesseeTuxedo]

Of course you are entitled to property damage, and doctors bill. If you are talking about something for pain, and suffering, I'd let it go. I've had countless opportunities to "lawyer up" over that. I figure someday I will be judged by the same measure that I judge others.

Ditto...ditto...ditto...too many people to eager to sue somebody over minor things. I'd be on my knees thanking the Lord we were both alive.

And 6 months from now, God forbid, his son has developed a back or neck problem directly tied to this accident...then what?

 

[Aaron]

Lawyer up and make the insurance pay well, even if you have to ham it up a bit. You have no idea how your current injuries will affect you, or your son, 20 years down the road. The hitch would never make it into the cab, the front of the trailer would drop down further and slam into the bumper of the truck first.

 

[slick4591]

Glad you and the boy are good!

As far as a lawyer goes there is plenty of time for that. Insurance will want to settle and close the case, but I wouldn't settle the medical part just yet. Injuries have been known to show up months later and if you settle, you're out of luck. :2cents:

 

[heath]

So you are wanting to be compensated for what might happen?
in 6 months, the settlement will already be given whether you lawyer up or not.
so long as they offer you what the truck and trailer are worth, and for pain and suffering, there is no need to get a lawyer involved.
you got in an accident, you did not win the lottery.

 

[3waycross]

Glad you and the boy are good!

As far as a lawyer goes there is plenty of time for that. Insurance will want to settle and close the case, but I wouldn't settle the medical part just yet. Injuries have been known to show up months later and if you settle, you're out of luck. :2cents:

+1 and don't let them rush you or bully you. I would ask a lawyer for advice on how long you have to file a suit though so that you won't be pushed to settle too soon.

 

[Jogeephus]

Of course you are entitled to property damage, and doctors bill. If you are talking about something for pain, and suffering, I'd let it go. I've had countless opportunities to "lawyer up" over that. I figure someday I will be judged by the same measure that I judge others.

Ditto that. There are lawyers then there are ambulance chasers. Find yourself a good honest lawyer (there really are some out there) that can advise you. I'd definitely make them pay for all the damages and I would also want some assurance they will pay for any further treatment that may come later from the wreck. Insurance company may not want to do this but I'd see what the lawyer advises.

 

[Bigfoot]

If I hadn't been down both sides of this trail, I'd keep my opinion to myself. I have been sued, over a farm accident, and had a few opportunities to sue others. If you have a diminished earning capacity because of your injuries, that might be a different story. I think you should count your blessings that an 18 wheeler had the opportunity to kill you, and didn't.

 

[M5farm]

I'm with BF and TB on this one. I've been on the other end of the lawsuits twice with minor accidents with my kids and the other parties claimed injuries that were not from the accident. there will be a special place in Hell for the lawyers and the victims that just use it for a payday.

I glad your still here to have to make that decision.

 

[skyhightree1]

Lawyer up.

Remember the convo about the lawyer TT :nod: :nod: :nod: :nod: :nod:

 

[Workinonit Farm]

Find yourself a good honest lawyer (there really are some out there) that can advise you. I'd definitely make them pay for all the damages and I would also want some assurance they will pay for any further treatment that may come later from the wreck. Insurance company may not want to do this but I'd see what the lawyer advises.

Pretty much what I would be inclined to do.

Katherine

 

[TennesseeTuxedo]

Lawyer up.

Remember the convo about the lawyer TT :nod: :nod: :nod: :nod: :nod:

Yes Sir, I do.

 

[skyhightree1]

Lawyer up.

Remember the convo about the lawyer TT :nod: :nod: :nod: :nod: :nod:

Yes Sir, I do.

I don't see anything wrong with lawyering up they are supposed to be protecting your best interest. However, some people use lawyers to do and achieve things such as pain and suffering $$ when they are not due it. A lawyer in your corner is like a gun you should use it wisely and when you are justified to do so.

 

[CottageFarm]

Glad you and the boy are good!

As far as a lawyer goes there is plenty of time for that. Insurance will want to settle and close the case, but I wouldn't settle the medical part just yet. Injuries have been known to show up months later and if you settle, you're out of luck. :2cents:

+1 and don't let them rush you or bully you. I would ask a lawyer for advice on how long you have to file a suit though so that you won't be pushed to settle too soon.

+2
I had a similar thing happen, though it was cars not trucks and slower speeds. I signed off with the ladies insurance company the next day. Doctor didn't even take any xrays because I felt fine, just a little stiff for a couple of days. I was only about 25 at time, so things don't bother you much. About a week after the accident I turned just so and the pain brought me to my knees. Have a permanent back injury that I just deal with. I don't know what could have been done about it at the time, and I wouldn't have sued for punitive reasons, but I never had the chance to discuss my medical options with anybody. The insurance company pushed me to sign so I did. I'm not saying run out and sue them, just make sure you get good, professional advice, and don't let the insurance company push you. :2cents:

I am glad everyone seems okay. It sounds like it could have been deadly with only a little variation!

 

[WalnutCrest]

My best friend was a pedestrian and was thrown into a brick building by a driver that went through a red light. He was in a coma for a month and is blind in one eye and has last about 80 percent of the vision in the other. If we get a professional for advice, I think we'll use the lawyer who helped him and his family. Not in a hurry to make a decision.

I'm not sure what I said that may have indicated I thought I won the lottery, as I must surely don't think I did, and I too have been on both sides of something like this.

I think there is a difference between an accident and negligence. To me, the fact that there were no skid marks and he was straddling the center line at impact days negligence (texting?).

I was only looking for the opinions of others who have been in a similar situation.