Please help . i was rear ended in an auto accident and will go to trial?

Question

Why my lawyer is not being honest with me?

I was rear ended in an auto accident. My previous lawyer abandoned me. I hired a new lawyer who is taking the case straight to trial (LA superior court). I got near $60,000 in medical bills /surgery/physical therapy/MRI/ultra sound...? which most of it was already paid by my health insurance, and about $5,000 will be paid by medical coverage of my own car insurance.

My new lawyer will take 40% of the settlement. I asked him” who will take the 60%? He replied” “it is all for you”. I asked, what about my medical bills?” he replied:” don't worry about them , your insurance already paid for them."

Is it rue that i should not worry about them? Is my lawyer not telling me the truth?? Please help? I do not want my pain and suffering portion to be paid towards medical bills. That is not fair. What should I do? How could I convince the insurance companies, that this money is for my pain and sufering?

Answer 1

You're paying an attorney 40% of your settlement to answer any questions you might have, so that would be the place to ask.

According to your question, yes, insurance has paid your medical bills.  What makes you think there wil be a "pain and suffering" amount?  Did the attorney say there would be?  Again, a question for him since "pain and suffering" is not something automatic, and each case is heard on its own merit regarding things like pain and suffering, which is at best a slippery term.

You don't need to 'convince' insurance of anything, you need to get answers from your attorney and then let him do his job, or if you don't like his answer, fire him and hire someone else.

Answer 2

*please note that I'm an accident victim & can't give legal advice*

that attorney is lying to you

When you sue in an automobile insurance accident - your (medical) insurance  company sues with you IF they paid one dime on anything accident related - they latch onto your suit - you're NOT ALONE - your HMO (or ppo) will be paid BEFORE YOU SEE A CHECK- - - your attorney will also be paid before you.  (life ain't fair is it??)

So what you need to do is - sit down & figure out WHAT THEY paid - what you paid + pain & suffering + lost wages (remember you pay taxes on the lost wages)

and ask for an amount probably a couple thousand over that.  At least.  

Answer 3

You were right to ask. Your insurance company will want to be reimbursed for your medical bills by the other person who caused the accident.

When you file medical claims for accidents with your insurance, they usually ask if it was caused by someone else. This is so that the insurance company can try to collect reimbursement. Many times, they ask the insured (you) to sign over your rights to sue the person so that they can do it themselves. This is called "subrogation" of rights.

Typically, the amount that YOU sue for is: the amount of your medical expenses, plus the amount to pay for any future medical expenses that will be incurred because of the accident, plus pain and suffering.

The amount of pain and suffering is somewhat related to your medical bills. Bigger medical bills (especially for surgery) usually means a bigger award for pain and suffering. However, California has a "cap" on pain and suffering, which I think (I would have to check) is $200,000.

If you win, many attorney fee agreements are calculated this way: First, all costs of the lawsuit are subtracted from the amount. This includes filing fees, deposition costs, copying charges, stuff like that. Then, doctor's liens and insurance reimbursements would be subtracted. Finally, what is left is split between client and lawyer.

Example: $400,000 award

Less Costs of Suit of $50,000

Less Liens: $150,000

Leaves $200,000. $120,000 to client (60%) and $80,000 to lawyer.

BUT!!!! - The fee agreement might calculate things much differently, taking all costs out of client's share:

Example: $400,000 award

Split: $240,000 to client and $160,000 to lawyer

Less costs and reimbursements charged only to client, leaves client with only $40,000

SO - You absolutely need a written fee agreement and you absolutely need to understand how the math works and you absolutely must be clear that the insurance company will expect to be repaid if you win your case.

Good luck.

Answer 4

That's a tough situation to be in. What I recommend that you do is to call your insurance company immediately and ask them. Don't take your attorney's word for it. He may well be telling you the truth! But there is only one way to find out. Call the insurance company and find out what they have paid and not paid. Then go from there.

In the future (or now, if it is not too late), make sure you shop around and get the best deal on your attorneys. Don't just take one and hope for the best!

Good luck! I hope you are feeling better.  

Answer 5

Similar issue as another reader pointed out.

I was in an accident.  Read-ended by 16 year old girl on cell phone.  Anyway.  My insurance paid all bills and totaled out my truck.

I sued the girl for pain and suffering and guess what.  About 18 months after the trial was finished I got a letter from my insurance saying that they were going to recoup their losses from what I had been awarded.

I believe that the rules vary from state to state but I would call the insurance company, another lawyer and also the State Attorney General and run it past them to see what the particular rules are.

Also it should be spelled out in your policy about damages and when/if the insurance company can claim a portion after the fact.

As a follow-up.  My policy did have that way down in the fine print about any post settlement monitory gains would be paid back to the insurance company in a certain percentage.

In the end I wasn't too upset.  My bills were paid, I walked away from the issue better than I went into it.  And the 16 year old girl was barred from driving until her 18th birthday.  

Answer 6

I am a medical biller. If your medical insurance finds out somehow that those injuries were from an auto accident and you received a settlement, even in a year from now, they can go back and recoup the money and bill you. I would tell your lawyer to go back and get all the $ needed to cover you medical bills in addition to the pain and suffering. Hope that helps!

Answer 7

I'm not sure, but you need to talk to another lawyer for a consultation.

I was in a car accident a few years ago where the other person (in a company truck) ran a red light and smashed me on the drivers side.  There was just under $10K worth of damage done to my car.  I also went to therapy for several months.

During this time, my insurance paid for everything.  Eventually, I won my lawsuit, and even though my lawyer told me that all my medical bills were paid, I was sued 4 years later BY MY INSURANCE COMPANY for the bills that THEY had paid.

Get another opinion if possible.

Answer 8

Each state has different rules. Call your insurance company agent and the medical places who billed you and find out what amount is paid. Ask your insurance company agent to provide information in writing to you so you can refer to it and have a clear understanding. With no fault coverage, your insurance company pays no matter who is at fault. There may be insurance limits and deductibles on what is paid depnding on your coverage.  The people you are suing will probably have a doctor provide an expert opinion for them on what are your injuries, suffering, and future expected medical costs due to the accident. Be sure and tell your doctor anything that might seem minor today that was caused by the accident and make sure your physician documents your medical complaints into your medical history.  You need a lawyer for advice and to go to court. If you need help to sort through the bills, then you might need to consult an accountant.