Car accident/settlement advice

Of course you can hold for a better settlement without hiring counsel. You've got to figure the insurance company hasn't come with their best offer first. At the same time, there's probably also a max number that they'll pay you that's smaller than what they'd pay you with a lawyer involved, though they may figure that the chances of them being sued are comparatively smaller if your wife's injuries are relatively minor and not permanent. You might be able to see where you can get on your own, then if you think you're not being adequately compensated, contact a PI lawyer and tell him or her where you are bottom-line-wise, then try to negotiate a contingent fee agreement whereby they don't get paid unless your overall position is improved by their representation.


ADDENDUM: This is not legal advice. I am not your lawyer. For legal advice, you should contact a lawyer. Do not taunt Happy Fun Ball.

SECOND, MORE IMPORTANT ADDENDUM (alternate title: HEY, FUCKHEAD, ARE YOU A HUMAN BEING TRYING TO BE A LAWYER OR A LAWYER TRYING TO BE A HUMAN BEING?): I'm really glad to hear that your kids were unhurt and that your wife wasn't badly hurt.

hey, sorry to hear about your family. Just a word of caution, make sure that they are 100% back to normal before you sign anything. I was hit by a drunk, and hurt my back, just soft tissue damage was all I was told, so after a couple months I signed. Big mistake, 6 years later now I have probably spent more on chiropractors and the like than I got for pain and suffering. Get a second or third opinion from objective doctors before signing. I can't say how they do it where you live, but up here they definitely have a "cap" as to how much they will pay for soft tissue damage. If you think your injury is worth more, you pretty much have to get a lawyer involved. Good luck with everything.

A lot of personal injury firms (if not all) offer free initial consultations. Your wife may want to take a few up on the offer to get an idea of what they think her case is worth. So long as she doesn't sign a fee agreement, she can walk away with no strings attached. It's a handy way to get some free legal advice. Generally speaking, though, insurance adjusters will low-ball you every time if you don't have an attorney. If what the attorneys are telling you your case is worth is quite a bit more than what is being offered, it might be worth it to hire an attorney.

Rex is right. Contingent fees are usually always negotiable. They are usually about 30-40% of the amount recovered, plus costs, but may be lower in a particularly competitive market (in Las Vegas, for instance, one guy charges only 22%). The fee percentage usually goes up depending on the stage at which the case settles (before filing a lawsuit, after filing a lawsuit, at trial, at the appeal stage). Also, a decent personal injury attorney will often be able to negotiate steep reductions in your past-due medical expenses if you have any (usually equal to the percentage charged for your attorney's fees).

Also, canuck75 is right. In an injury case, you want to make sure your condition has stabilized before agreeing to any settlement. It would suck to settle for a small amount only to find out later you need surgery or further treatment.

FYI, I am a lawyer who has dabbled a bit in personal injury claims. You may be able to go it alone, but it wouldn't hurt to at least talk to an attorney or two offering a free consultation.

I certainly would be cautious about taking ANY offer until you're sure your wife is completely well.

Once you've settled, that's it, no double-dipping if she finds out later she has a blown disk or something. You may want to keep that in mind in terms of the "future medical expenses" category. Also, whatever your wife does with her time, they should compensate her for lost wages or child care costs or whatever money you lost while she was disabled or in the doctor's office.