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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33785
Experience:  16 yrs. of trial experience
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I was in a car accident in San diego 03/11/2015. rear ended

Customer Question

i was in a car accident in San diego 03/11/2015. rear ended on highway in traffic. no policy report no ambulance. I had back pain waited 20 days to go to the doctor. went to chiropractor and accupincture. medical bills were 15500. the person who nit me was under insured $20000 per person per accident. they offered to pay medical and remainder as settlement. I have underinsured motorist insurance $100,000 per person per accident, but they offered to pay $2000 on top off settlement from other insurence. That seems very low. I spoke with a lawyer who said they would charge 30% if they did not have to go to court and 40 % if court was required. any advice would be helpfull
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I have some thoughts and will type them up...a few mins please

Expert:  P. Simmons replied 1 year ago.

Thank you for your patience

I am sorry for this dilemma. I understand your medical bills were around $16K. If that is the extent of all medical bills? If you do not anticipate further medical bills? And you have not suffered an injury that will impact your earning potential?

I would strongly consider negotiating this without a lawyer (taking the money and moving on)

On the other hand...if you anticipate more medical bills? Or if the injuries will limit your ability to earn income going forward? Then it may be worth retaining a lawyer.

This is all about "potential" award at trail...what you are describing, this key issue will be what is your likely award at trail.

IF you have lost the ability to earn income and/or have significant future medical bills? That would be a factor that would allow a jury to give a significant award at trial. And that is the only reason you would want to hire a lawyer and share a significant portion of that award with them (the 30% - 40% is a fairly common split for attorneys who work contingency)

But once you hire the lawyer? They get their cut regardless...so if you go to trail...and get the $16K for medical and say $4K for other damages? After you pay the lawyer you wind up "loosing" money.

Bot***** *****ne: unless you can show significantly more "damages" (either in future medical bills or loss if income potential)? Likely best to take the settlement

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.