I’m feeling a bit overwhelmed and unsure about my situation, so I hope you can help me sort through it. I was in a car accident in December where I wasn’t at fault, and I was recently diagnosed with six bulging discs that my doctor says were caused by the accident. I’ve been undergoing therapy, and surgery has been suggested, but I’m starting to worry that my PIP may not cover all my medical expenses.
To make matters worse, the insurance company lowballed me on the diminished value of my vehicle. My hand also experiences numbness from time to time, which adds to my concerns. I haven’t signed on with a lawyer yet since I initially thought I didn’t need one, but the lowball offer has me reconsidering.
Here’s my main question: Is the lawyer’s fee of 35% applied to the total settlement amount, or just to the general compensation after medical costs? I’ve heard stories of people struggling after their settlements, and I’m wondering if hiring a lawyer is really worth it. If I decide not to hire one, how can I negotiate for fair compensation against a company that seems to be undervaluing my claims?
As a reference, for my diminished value claim, I have a 2023 Outlander, and they only offered me $1,350 even though the repairs were around $6,500. Any advice would be greatly appreciated!
It sounds like you’re in a tough situation, and it’s completely understandable to have questions about navigating the aftermath of a car accident, especially with serious injuries like yours. Let’s break down some points to address your concerns:
Medical Bills & PIP: In many states, Personal Injury Protection (PIP) can cover a portion of your medical bills, lost wages, and other expenses, but there are limits. If your medical bills exceed these limits, you might still be responsible for paying some of those costs. Getting a lawyer can help you determine the extent of your coverage and what additional compensation you might be entitled to from the at-fault driver’s insurance.
Lawyer’s Fees: Typically, a personal injury lawyer charges a contingency fee, which is often around 33% to 40% of the gross settlement amount. This means they take their percentage from the total settlement you receive, not just the compensation for pain and suffering or diminished value claims. However, it’s essential to clarify the fee structure with any lawyer you consider hiring, as they can vary.
Fair Compensation: Lawyers can provide valuable expertise in negotiating with insurance companies and can help ensure that you’re not being low-balled. If you go at this alone, you might find it challenging to negotiate effectively, especially against seasoned insurance adjusters. A lawyer can help you understand what constitutes a fair offer based on your medical bills, the extent of the injuries, and other damages.
Diminished Value Offer: As for the diminished value of your vehicle, a low offer like the one you received might indicate that the insurance company is hoping to settle for less than what you deserve. A lawyer can help you document and argue for a higher amount based on your car’s pre-accident value and market standards.
Going Under: Regarding your concern about going under due to medical bills, having a lawyer could potentially shield you from that risk. They can negotiate payment with medical providers and may help you access resources or additional compensation that you might not be aware of.
Given your injuries and the complexity of your case, it might be wise to consult with a personal injury lawyer. Many offer free consultations and can give you a clearer picture of your options, including whether it’s better to hire someone to represent your interests. Focus on your health and recovery, as that is the priority. Good luck—I hope you find the support you need!