Nervous for arbitration hearing this week!!

[sweet_baby]

It has been 2 years since the car accident. Insurance company offered $12k to settle at first and now they offer $14k. My lawyer said I have an outstanding medical bill of $25k. My car insurance paid $5k, I paid about $7k and the rest is outstanding. I have a feeling I'm going to lose this case or leave with less than $14k. This lawyer seems incompetent even though he's been in the business over 30 years. I have been receiving treatment since the accident. I didn't go to the hospital but I went to see a physician the very next day. MRI shows I have bulging discs on back & neck. EMG shows I have permanent nerve injury. He's making me really nervous. Shouldn't he go after the insurance company? What should I ask him? Help??

I told him I'm going to follow up with my neurologist a day before court and he's telling me it's too late and we don't have enough.

I hope I don't pass out from anxiety attack this week!!!

[miss.a.p1600]

Maybe you can ask for an extension so you can get a second opinion and medical treatment?

So you need really at least 20K to break even? (not to mention the ongoing future medical treatments)

[Bahuba]

Take all of your records of payment. It is highly unlikely you’ll be denied payment for proscribed medical treatment.

[sweet_baby]

I faxed that to my lawyer. I think he’s more anxious than I am. Is it too late to hire a new lawyer? What if I walk away with nothing? I’m from PA and has limited tort. The defendant is from jersey and prolly has limited tort. But wouldn’t that turns into full tort?

[Sam38g]

Never hurts to consult with a different lawyer or 3...
Ask & ask as many questions as possible.
NEVER negotiate from you bottom dollar settlement amount.
Ask for $50,000
Keep in mind the percentage your lawyer gets. Why should you be out of pocket for any medical cost? Then there is pain & suffering & future medical cost.

If your lawyer is weak & you stick with him... get strong with him. He should be more afraid of you than the other sides lawyers.

[Sam38g]

You have to be your own advocate, what is the worse that can happen. If they are willing to pay out $14 then you aren't going to end up with nothing. Proves you already have a case and are owed money for damages.

Never be afraid to ask for more, it is all a negotiation. Asking for money is what negotiations are all about.

[Gia2608]

What State do you live in? Some insurance laws are state specific.

[sweet_baby]

Pa. The defendant is Nj.

[lemiwinks31]

Is this binding arbitration? did you waive your right to court? I am assuming this is the case. and the Arbitrators will decide the award.

Just remember, your lawyer works for you.

It sounds like it has already been determined that the other party is at fault. If that is the case, total up everything you have spent already, what you owe, and what you think you will have to pay for in the future. Be very specific. It will come out to a single number...say $27,500. That should be the absolute bottom of what you are entitled to.(your lawyer should already have this done, but you say you don't trust him, so make sure you have the same number) Then you can add some pain and suffering as a separate number. Give this breakdown to your lawyer, tell him this is what he should be shooting for. And then let him do his job at the hearing.

[lemiwinks31]

how did you get your lawyer? is it from your insurance Co. or did you hire him on your own?

[sweet_baby]

I hired him through my regular. They work in the same building. I googled him and he’s got 10/10 on Avvo.

[Ifyouseekamy]

Good luck. I don’t have any legal advice. Sorry

[lemiwinks31]

let us know how it went....good luck

[Sam38g]

Positive Thoughts & imagine the best results. Do 5 minutes of visualizations daily of the check you want to get for all of this & dream big.

[slowpoke]

Do yo not have jury trials there?

[whirlerz]

Do yo not have jury trials there?

I think Lemi covered that, a couple replies up, Pokes!

Best of luck, Sweet!

[eagle2]

It's probably a good idea to get another lawyer's opinion. Maybe try the American Bar Association.

It's too late to change for this accident, but I strongly suggest getting full tort for your auto coverage for the future.

[sweet_baby]

Thanks to everyone for the replies. I went on Thursday and it was 3 men arbitrators. They seemed to favor me more. My lawyer got the final award and won’t tell me anything. The opposing counsel was pissed and my lawyer was happy. Just hope it’s a reasonable number I’m getting back!

[Bahuba]

Your lawyer won’t tell you anything? This attorney has a strange sense of responsibility to clients.

[slowpoke]

That would be an ethics violation.

[sweet_baby]

All he said was he doesn’t know yet and that’ll he will call me the following week. I’m so nervous!!!

[sweet_baby]

Settled for $20k. I'm getting $12k back from 40%. There are outstanding medical bills, and fees. That'll leave me with nothing?

[sweet_baby]

I actually loss the case .

[whirlerz]

No, Im so sorry!
Can U appeal it?

[Sam38g]

Since the lawyer wouldn't tell you that night, call the state board. Because that just sounds fishy. He was smiling because he made bank while you barely broke even.

Definitely tell them how he broke ethics violations. If you haven't yet, don't sign off on the settlement. It needs your signature. If you signed it before being told the final amount is an ethics violation. Don't cash the check if you haven't already whether or not you signed the paper work.

Your post here can be used as evidence that you were not sure the lawyer had your best interest at heart. Then see if any others have filed against him for ethic violations.