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Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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Hi Tower Grove Lawyer. Its been a while. I am the guy rearended

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Hi Tower Grove Lawyer. It's been a while. I am the guy rearended while at a stoplight. I'm sure you have my info. Since then, I saw a high priced lawyer who essentially didn't want my case because I didn't want to continue on with medical treatments and because I think there is not enough money to make on my case. He did like me, and did file suit for me. I have a law firm evaluating my case now. I have a hearing Dec. 15. He had me file against the young man (no money) with the option of expanding to the other ins. company I assume. That young man has a law firm representing him (by virtue of his ins company), they have sent me papers denying everything. I would like to settle before I get representation for myself. But they wouldn't budge at 20k, might they now that I have filed suit, and do I address the ins company or the lawyer representing the kid or does it just make no sense to barter at this time.

My name is XXXXX XXXXX I will be assisting you with your legal question. The lawyer you requested is not available.

The issue you may be running up against is a limitation of the insurance policy. The insurance company will only pay out to its policy limits. In most states this is between $20K and $25K.

Also, while the lawyer representing the Defendant was hired by the insurance company, he is essentially working for the insurance company and will not be willing to raise the settlement offer unless you put pressure on him by pursuing your case.

If you contact them yourself, they will know that your lawyer is no longer representing you and will take this as a sign of weakness in your case and will not offer any more money.

As that is the case, I would recommend finding another attorney to represent you if you want more than the current offer. On the other hand, you should also consider that any money that you win in a settlement with an attorney will be split according to the attorney-client agreement to pay the attorney for their work (even if they don't do much work at all). So, given the fact that just by hiring an attorney, you are likely reducing your personal recovery on any settlement by 1/3 at least, you might seriously consider whether to simply send a demand for something very close to what they are offering now.

If you are no longer willing to go to the doctor for treatment, which is the main way to prove your damages and increase the amount they are offering, and you do not want to hire another attorney, then I would recommend contacting the attorney who filed the denial and tell him that you are about to hire a new lawyer and have let your previous lawyer go, but that you would be willing to settle the case for $30,000 and see if he will negotiate up from his current position of $20,000.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Customer: replied 3 years ago.

Hi Zachary,

To clear something up, on #4 you sent, you have it mixed up a little -prob my bad. They might have assumed I have a lawyer representing me by the fact I filed suit, but no mention of a lawyer was written down or has been mentioned. And I don't have one yet.


If I contact them, without a law firm representing me (which is the case), but as you mentioned, tell him I have actually 2 firms who want to take my case, will it still seem like a position of weakness. After all, my understanding from all legal advice I can muster, it will cost them much, much more than 20k if it gets to court, probably 60 to 100k. (and I know I have to give the lawyers there cut) and they lose money that way, though it's money in their attorneys pockets. It's a TBI case. Should I ask for $50k to try to settle at $40k. Just a little off your hypothetical above. Sorry for the delay in getting back to you. I did try to reach Tower Grove Lawyer as I spent hundreds of dollars with him earlier on in this case, but can't seem to reach him now. Your response seems very good given the lack of info you have been given.



Oh ok. That does change your position.

Where the other side believes you are not represented, .them that you are deciding between two different firms which want your case does in fact strengthen your side. It is relevant that their defense costs are going to be much higher, and you can also tell them that at this point, you are willing to give them a discount, but when the law firm gets involved, the settlement value is going to be much higher.

I would start with $60K to try to get to $40k
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