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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27257
Experience:  Lawyer
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I am an EA in Las Vegas. Yesterday, I rode by bicycle across

Customer Question

I am an EA in Las Vegas. Yesterday, I rode by bicycle across an intersection with a greet light, and a lady made a right turn against a red light, clipped my bike,and I sent down and broke a collar bone and another small bone in shoulder. Cops came, wrote a report, gave her a ticket. She is covered by progressive. No question it was her fault. I refused an ambulance for financial considerations, and Ubered two miles to a nearby Urgent Care. They x-rayed me, gave me a prescription for Painkillers and a sling. Said I needed to see a specialist (orthopedist?). They accepted her Progressive Insurance data, and asked if it was OK to have lawyer contact me, and I said yes. They charged me no direct fee. The UC called me today. I apparently need a lawyer or to pay a consult fee to a specialist. Sounds like I need a lawyer.I could pay the consult fee, but probably not surgery. What should I do? How do I choose a lawyer? What percentage contingency should I pay? Am I likely to get money above medical on this? Any idea what a settlement for a broken collarbone might run in Las Vegas?Any tips would be useful. This is all new to me.
Submitted: 6 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Typically, you don't need a lawyer in a car accident, but if the other party's insurance is refusing to pay your medical bills and you don't have the ability to pay them yourself then sue for a refund, it can help to have one. You're entitled to reimbursement for any medical bills you pay yourself (or to have them cover the bills upfront), the costs of repairing or replacing your bike, lost wages for any work missed EVEN if covered by PTO (because this wasn't a vacation and you shouldn't lose the right to take time off work later). On top of that, you're entitled to pain and suffering.

The old rule of thumb is that pain and suffering was about 3-5 times the medical bills, although most insurance companies are offering closer to JUST the medical bills. It's getting harder to get them to pay anything, which is where a lawyer can help. Lawyers can frequently help you get a better settlement than you'd get on your own, which helps offset their costs. MOST lawyers for personal injury are going to take 1/3 of the money if you settle without a trial, 40-50% if you go to trial, and 50-60% if you appeal or have to do a second trial (which is rare). But to get any sort of idea, you'd have to know what your medical bills are first, which means proceeding with treatment.

The best way to find a lawyer is through word of mouth referral, so you could try asking your friends and family to see if they can recommend someone they specifically worked with. If that doesn't help, you can sometimes read reviews from former clients at You could also get some names from the Nevada Bar's Referral Service. Don't let the first lawyer you call steamroll you. Talk to a couple until you find someone who you think you'll be able to work with. You don't have to "like" your lawyer, but you should be confident in his or her ability to get what you want out of this case.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

Customer: replied 6 months ago.
Thank you Lucy. This is VERY helpful. Here is my situation. I have no large financial reserves or credit, but do have a new business with very good income POTENTIAL. No personal insurance (big mistake). Guestimate on operation cost is 30K. The person who hit me has insurance. Could be as low as 15 Gs. That is legal minimum in Nevada. A lawyer can get me into a doctor based on a lien on settlement, but I can't. is there a way I can see a doctor, get surgery and send bills to progressive without going through a lawyer? If she has less than the cost of operation in insurance,then the lawyer's third becomes problematic.Any ideas or tips?
Expert:  Lucy, Esq. replied 6 months ago.

You can try showing them evidence from Progressive that they're covering the loss, or you can write the insurance company down on the forms as the place to send the bills, or you can tell them to send the bills to you and then you can forward them to the insurance company. Alternatively, you could try looking for another doctor who is willing to do the treatment even though you don't have insurance. But if they're insisting on a lien on your eventual settlement, then you may need a lawyer.

You'll want to see a copy of the policy to make sure it's enough. If the total medical payout on the insurance company is only $15k, you need to know that before getting a $30k surgery. You're allowed to sue the driver who hit you personally, but that's only helpful if she has money you can collect.

Customer: replied 6 months ago.
we will see how it goes. i should know the policy amount tonight. If the insurance is not enough, I would like to get lump sum and go out of country where it would be enough. any chance of getting lump sum b4 treatment? am i dreaming? ANY THOUGHTS? SORRY FOR ALL THE EXTRA QUESTIONS. APPRECIATE YOUR HELP.
Expert:  Lucy, Esq. replied 6 months ago.

The insurance company may be willing to just give you the policy limits if it's clear your bills will wind up being more than that. It happens sometimes.

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