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Coffee Shop
Bad wreck -- lawyer up, or no?
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<blockquote data-quote="Texas PaPaw" data-source="post: 1147118" data-attributes="member: 2905"><p>Actually you have 3 separate claims, 1 for property damage to your truck/trailer and the others for your bodily injury and a separate one for your son's BI. Should be able to settle property damage claim on your own as that should be pretty straight forward. Not only do they owe you for repair/replacement of truck and trailer they also owe for loss of use for a reasonable time after accident. They should make you an offer on property damage PDQ to minimize the loss of use cost to them. They may push to settle the bi claims quickly but do not go there. Take your time on the bi part to make sure there are not hidden injuries that popup down the road. All 3 claims are TOTALLY separate so settle them as such. Can possibly use pending BI claims as leverage in settling the prop damage. If they are being difficult ask them "Do I need to get a lawyer"? FWIW-it's a 2 way street, so be reasonable in dealing with them also.</p><p></p><p>Keep a journal of everything that is/has happened for both you and your son's treatment and injuries. Wouldn't get in big hurry to get lawyer or settle the bi claims just keep good records. Need some time to tell how bumps, bruises, etc heal. If possible, get them to make you a WRITTEN bi settlement offer separately for you and your son. They should pay for all medical treatment, travel mileage, loss of wages, if any, and possibly payment for pain and suffering. If offer does not include some pain and suffering compensation, ask about it and see what they say. If you get a written offer and don't think it is fair then get a lawyer. When lawyer wants 35% of all settlement tell him you have written offer for $XX.XX and will only give him % of anything over $XX.XX that was offered. May have to give bigger % but he will only get paid for getting you more money but nothing for what has already been offered.</p><p></p><p>Hope you and your son heal well and get everything settled satisfactorily.</p></blockquote><p></p>
[QUOTE="Texas PaPaw, post: 1147118, member: 2905"] Actually you have 3 separate claims, 1 for property damage to your truck/trailer and the others for your bodily injury and a separate one for your son's BI. Should be able to settle property damage claim on your own as that should be pretty straight forward. Not only do they owe you for repair/replacement of truck and trailer they also owe for loss of use for a reasonable time after accident. They should make you an offer on property damage PDQ to minimize the loss of use cost to them. They may push to settle the bi claims quickly but do not go there. Take your time on the bi part to make sure there are not hidden injuries that popup down the road. All 3 claims are TOTALLY separate so settle them as such. Can possibly use pending BI claims as leverage in settling the prop damage. If they are being difficult ask them "Do I need to get a lawyer"? FWIW-it's a 2 way street, so be reasonable in dealing with them also. Keep a journal of everything that is/has happened for both you and your son's treatment and injuries. Wouldn't get in big hurry to get lawyer or settle the bi claims just keep good records. Need some time to tell how bumps, bruises, etc heal. If possible, get them to make you a WRITTEN bi settlement offer separately for you and your son. They should pay for all medical treatment, travel mileage, loss of wages, if any, and possibly payment for pain and suffering. If offer does not include some pain and suffering compensation, ask about it and see what they say. If you get a written offer and don't think it is fair then get a lawyer. When lawyer wants 35% of all settlement tell him you have written offer for $XX.XX and will only give him % of anything over $XX.XX that was offered. May have to give bigger % but he will only get paid for getting you more money but nothing for what has already been offered. Hope you and your son heal well and get everything settled satisfactorily. [/QUOTE]
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Bad wreck -- lawyer up, or no?
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