I’m concerned about my medical bills if I hire a lawyer. I apologize if this sounds naive, but I’m not familiar with the process. I was in a car accident last December where I wasn’t at fault and was diagnosed with six bulging discs, which my doctor believes were caused by the accident. I’m currently undergoing therapy, and surgery has been suggested.
I’m starting to worry that my Personal Injury Protection (PIP) won’t cover everything, and I’m unsure if I’ll receive a fair settlement once this is resolved. The insurance company has already made a low offer for Diminished Value. Plus, I’m experiencing occasional numbness in my hand. I haven’t had a lawyer yet since I thought it wasn’t necessary, but after receiving such a low offer, I’m reconsidering my options.
My main concern is whether the lawyer’s fee—35%—is calculated from the gross settlement amount, which includes all medical costs, or just from the net general compensation. I’ve heard of people facing financial trouble after settling, which makes me wonder if hiring a lawyer is worth it. If I choose not to get legal representation, how can I ensure I receive a fair settlement without being able to confidently threaten legal action against the insurance company? I feel like I’m being lowballed, but I’m unsure how to navigate this process.
For context, regarding the Diminished Value claim, I have a 2023 Outlander, and the insurance company only offered me $1,350 in Diminished Value, while the repairs cost around $6,500.
It sounds like you’re going through a really tough time, and it’s completely understandable to have concerns about your medical bills and how to handle your situation after the accident. It’s important to note that you’re not alone in feeling overwhelmed by these issues.
To address your questions:
Lawyer Fees: Most personal injury lawyers work on a contingency fee basis, which means they take a percentage of the settlement amount (commonly around 33-40%). This fee is usually calculated on the gross amount of the settlement, not just the additional compensation you might receive for pain and suffering or diminished value. In some cases, if you are awarded additional compensation through litigation, the lawyer’s fee can be calculated on that amount as well. However, it’s important to clarify the percentage and any additional fees directly with the lawyer you might consider hiring.
Medical Bills and PIP: In many states, PIP (Personal Injury Protection) can help cover your medical bills immediately, but it may have limits. If you are concerned that PIP may not cover all your expenses, it’s wise to discuss this with a lawyer who can help you navigate these complexities. They can assist in ensuring you receive the appropriate compensation for your ongoing treatment and any future medical needs.
Fair Compensation: If you’re feeling that the insurance company is low-balling you, it’s often beneficial to have a lawyer negotiate on your behalf. They have experience with these kinds of claims and know how to argue for fair compensation, which can be difficult to do on your own. A lawyer can also assist in determining the full extent of your damages, including past and future medical costs, lost wages, and pain and suffering.
Going It Alone vs. Hiring a Lawyer: While it’s possible to handle a claim on your own, having a lawyer can greatly enhance your chances of receiving a fair settlement, especially against an insurance company that may try to undercut you. If you’re worried about costs, remember that a competent lawyer typically pays for their services from the settlement, meaning you won’t have to pay upfront fees.
In short, you should definitely consider consulting with a personal injury lawyer, especially if you’re feeling unsure about how to proceed. Most offer free consultations, so you can discuss your situation without any financial obligation. They can provide clarity on your specific case and help you understand your options regarding your medical bills and potential compensation.