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I do not agree with many of the comments in this thread, but this one is exactly right.
Please ignore all the other comments of well-intentioned folks. No one reading your scenario is in a position to know whether your offer is too high, about right, or too low. Each case is different. And those formulas (3x the specials) went out years ago.

The most important thing in the attorney-client relationship is "trust". I am able to tell that the trust and confidence in your attorney may be insufficient. For that reason, I would arrange to speak with another personal injury attorney. BUT - make sure that the attorney is recommended by someone you know and trust who's used him/her (or a referral by another attorney who has referred other matters and heard positive things from the individuals who were referred).

VERY IMPORTANT: Your post says your current attorney has "filed suit". This is critical since the filing of a complaint/suit stops the statute of limitations from running. If your attorney has merely "drafted" a complaint and shown it to the other side to show you're serious, that would NOT toll the statute of limitations. You must be 100% certain of this because your claim will literally be worth zero if the statute of limitations runs.
"IF" the complaint has already been filed, then you follow the advice (above), but you just have a little more luxury in terms of the timing.

You can always get a new lawyer. If you don't like/trust someone handling something like this for you, then you should find someone else.

How does that work? I signed a contract so I thought I was stuck with him... stuck with paying him at least.

And, the 6 month gap will probably work against you, because that opens the door to claims that there were other causes in the interim.

Yes... as my lawyer keeps reminding me. But it is hard for me to believe that the clear facts of the accident... that I was directly impacted on my body by a truck traveling at high speeds... would lead someone to the conclusion that I healed up perfectly, and I'm faking it... or something *else* is the cause. It was a miracle that I wasn't killed or at least more seriously injured. A 100% recovery with no lingering effects would be an additional miracle on top of that.

I'm confused by your statement about them no longer paying the bills. Was Geico paying your medical bills directly? If so, you have no obligation to pay them back out of a settlement so you don't lose that 13K; it's all "gravy" so to speak (other than your lawyer's third).

If you were paying the bills, then yes, you are out that amount.

I do get the feeling your lawyer is being lazy here. He can't force you to take a settlement; as long as the suit has been filed, you have no obligation to make his job easy.

And I am betting that in NM you really are set up for a trial to take place at some point.

Has your lawyer mentioned mediation? That's how 50% of my cases settle.

The "clear fact" is, you stopped treatment. I'm not trying to be a dick about it, that's just the way the insurance company and lawyers will see it.

I ruptured my achilles a year ago. I stopped all rehab, PT and other treatments in December, and resumed normal activity (With the exception of martial arts, haven't gone back to that yet). If something happens tomorrow, there is no way for me to say "Yes, that was because of the rupture that I haven't been treated for in the past 5 months".

And the other poster is also correct, in that "3x specials" (Basically 3x your medical and related bills) is no longer used. Even in the late 90's/early 00's, I know AmFam had moved to a system called Colossus, you fed in all the case data and it spit out a $$ figure.

You might as well resign yourself to the idea that once you stopped treatment, you pretty much ended the time span for which you could claim damages. After 6 months of ensuing activity, there is way too much to go back and say that later treatments are because of the accident. Is it likely? Sure, but they don't pay for likely.

John

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Top notch coaching: Francois and Accelerate3 | Follow on Twitter: LifetimeAthlete |

A triathlete forum is not the place to go for legal advice. Quite a few misinformed opinions have been expressed in this thread already. Do yourself a favor and speak to another lawyer in your area asap.

I was hit by a car while bicycling. The car was insured - $25K; the minimum. Insurer refused to pay. I had no interest in dealing with them.

My health insurance paid $100+K in medical bills. My auto insurance paid $100K (policy limit) in pain and suffering. State victims compensation fund paid $25K. My home owners insurance paid for bicycle and related equipment.

So I $100K or so ahead. I have bad knees. Everyday is difficult. But that is what it is.

You will note: I insured myself. There were no lawyers involved.

I expect your claim is worth the $13K in medical plus $13K in pain and suffering. You having no insurance tells me you think your health is not worth the premiums. But that is another issue.

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I have $300K of insurance and 7 figures of assets to pay for damage I might do to others. I hope it is enough.

you should at a minimum ask your lawyer to explain to you in detail why it is this particular offer is a good one.

He and I have been around this a few times, so I'll try to recall what he has said:

- Unless I get an MD to testify that my injuries are a) caused by the accident, and b) will have lasting effects... then I can't claim I am still injured or that future treatment will be needed. According to my attorney the odds of getting an MD to so testify are nil.

- The gap in treatment is a problem

- Chiropractors don't count... I should have gotten treated by an MD from day one.

- 3x bills would be a really awesome settlement. Because of the issues with my case stated above, mine is worth a lot less.

- $20k is a lot of money in Lincoln County... which is what he now thinks I'd get in a jury trial. But I wouldn't even end up with a penny of that...


I tell him about all the people I know who have gotten much better settlements with less injury, and he tells me I'm crazy... that there must be some details I don't know about. I don't know anyone who has gotten a crappy settlement... except for one guy who mentioned getting nothing on this board. $15k for a sprained ankle, $10k for scrapes and bruises, $100k for a sprained knee! And the details on that last one are that they employed a shyster lawyer who employed a shyster doctor who claimed the injury would lead to a lifetime of trouble and would eventually need to be replaced. But still... the others didn't even get treatment or hire a lawyer.

He doesn't want my case anymore... that much is obvious. He likely thought it would be easy money, but since Geico is being so hard we had to file suit... which means he needs to prepare for trial, which is *real* work.

Just a week ago we discussed having me go to an MD to get diagnosed and treated. The lawyer stated that if I completed the MD's treatment, he thought the case would be worth >$50k. Seemed like a no-brainer to me. I asked him if that would be true even if the outcome was inconclusive... and he hemmed and hawed around and said he'd talk to Geico's attorney. And now he has come back with $18.5k and says it would cost more than it's worth to pursue it further. No new reasons though.

BUT - make sure that the attorney is recommended by someone you know and trust who's used him/her (or a referral by another attorney who has referred other matters and heard positive things from the individuals who were referred).

The attorney I have was recommended by the only attorney I know... a cyclist. I wanted my friend to do it, but he isn't into personal injury cases.

Your post says your current attorney has "filed suit"

Yes... about 2 months ago.

Your attorney is lazy. A 1/3 of $18k or $15k is negligible from your attorneys perspective. He doesn't want to sink anymore time in a case that doesn't have a lot of value - ie broken bones, etc.

My advice, have your attorney move it to a binding high lo arbitration, depending on your jurisdiction. Get the low at their last offer and pick a high. Quick and final. Best of luck.

Was Geico paying your medical bills directly?

No... I was sending bills to my insurance company at that time, with the understanding that they'd recover from Geico when it was over. The Geico agent *told* me over the phone that they were done paying. They had initially agreed (shortly after the accident) to pay for my medical plus an undefined "something" for pain and suffering, and were calling me every few weeks to check on progress. When they called the last time I told them what had just happened to my back, and the agent stated that they wouldn't pay for treatment anymore because they assumed I must have hurt it doing something else. I never heard from them again.

BTW... Geico paid my insurance company back in full (~$9k in bills), without saying anything to me. My attorney thought that was highly unusual.

And I am betting that in NM you really are set up for a trial to take place at some point.

When I was on jury duty, most cases were settled the day before court.

Has your lawyer mentioned mediation? That's how 50% of my cases settle.

No... I've never heard of it.

I know AmFam had moved to a system called Colossus, you fed in all the case data and it spit out a $$ figure.

Is there an online worksheet for that?;)

I'm only half joking... I'd love to play around with its "logic".

The original advice is not correct, at least for Colorado (I know you're in AZ, but I just know CO law). Just beware of differences between states. You are almost certainly suing the tortfeasor directly.

You are stuck pursuant to the agreement, but there are almost certainly ways to get out of it, but don't take advice from tri forum boards. See a local attorney.

I'm in NM... not sure what happens here.

Me either...that's why you need to talk to a local attorney.

[quote ether but don't take advice from tri forum boards. See a local attorney.[/quote]Exactly.

rruff - I am trying to help you out so you do not get conflicting input. As I mentioned initially, the "trust" factor is the most important factor in the attorney-client relationship. In your situation, the trust is lacking. You must protect your rights. You must do what you need to do to get a referral to another personal injury attorney. I understand that in your own social circles you may not know of one. Sorry, but you are going to have to do your own homework here and find an experienced personal injury attorney who has come with a positive recommendation (i.e., no yellow pages, googling, etc.)

I initially cautioned you to stop engaging in the comments of other people in this thread. To be honest, you've actually "waived" some of your attorney-client privileged communications thus far. STOP. You do NOT need to, nor should you, reply to my post. (Nor should you reply to other posts in this thread). Your contract DOES NOT stop you from hiring other counsel. If you read it, it will say something to the effect that if you discharge your current attorney, he is entitled to certain fees (if the case ultimately is successful) on a quantum meruit basis (fair value for the services he provided). The bottom line is that your new attorney and former attorney will work that out. There are many legal protections that kick in for you as a client that are otherwise inapplicable to a regular contract context.

Good luck on your legal situation. I'm sure it will improve once you make a change and have an attorney who explains things in a way that makes more sense to you.

We were originally in Colorado, and I remember my dad having to go through a bunch of classes when we moved to Wisconsin for a bit, and again when they moved here (Az) for the differences in insurance laws and procedures.

John

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Top notch coaching: Francois and Accelerate3 | Follow on Twitter: LifetimeAthlete |

How good a friend? Perhaps he could talk to your lawyer and get a feel for if you are being jerked around or not?

I don't remember when it officially started, but my mom was part of the working group for its initial development concept (From the adjustor side, she's not a programmer), at least for AmFam. I don't know what other insurance companies do, but I suspect they moved to a similar model, since it bases the payout on similarities between cases. It was done because people were artificially adding tests and procedures to inflate the medical bills, and thus the final payout.

John

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Top notch coaching: Francois and Accelerate3 | Follow on Twitter: LifetimeAthlete |

I'm a claims manager at a national carrier. You have too man claims specific variables to get a consensus with a generic post. There are way too many factors to consider in coming up with a value. Any monkey can do 3x specials. That's not how you properly evaluate a claim. Reality is less than 2% of claims typically go to trial. That's why you need to push for a mediation/binding hi lo arbitration. I'm guessing you signed up with the attorney, so he will have lien for time and expenses. Yes, he charges for all those calls you make to him.

I wasn't really looking for legal advice here, but rather relevant anecdotes. I'm very happy with the feedback I've gotten though. I'm still confused and not sure what to do, but I have some things to think about.

Unfortunately I don't know anyone locally who has had a personal injury case, so I'm SOL for getting a referral that might be better than the one I have. Unless I ask the same lawyer that recommended this guy. Talking to him is the next step anyway.

Mediation? Arbitration? Depositions? These have not been mentioned to me... not sure if they even exist for this kind of case in NM. My attorney has only mentioned preparing for trial and how much work it would be.

I'd like to ditch my attorney, but I need a good alternative first. Plus it would surely cost several thousand $ for services rendered to date.

I'm fine with going to a trial with a jury... if that's what it takes to have a *chance* at not getting screwed. But I need a lawyer that will do the work and back me up. I can totally see the angle of it not being worth his time. The last settlement offer just covered my bills and the lawyer's fee. Anything over that goes 33% in his pocket and 66% in mine. Since he makes >10x my salary, and he will be doing most of the work for little gain, we have hugely different incentives. If he is doing the math he probably considers an extra $10k in his pocket is a pittance if he has to prepare for trial... and we'd need to get $30k more for that to happen. Geico is playing chicken and they appear to be winning...

But shit, I do all kinds of work for customers that isn't worth my time. I don't bale just because things don't go so well and my profit evaporates. Is it too much to ask a lawyer to suck it up and follow through?

Finally something in Slowtwitch in which I am actually an expert having tried many cases just like yours (on the defense side actually). And since I am an expert in this area, I will give you my best expert advice: Get a new lawyer. Because if it is true that you do not know how things happen on your case, or even what a deposition is, you are not being represented properly. Do so immediately.

Great advice.

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Mike Sparks


I have competed well, I have finished the race, I have kept the faith.

You are a lawyer in NM?

He definitely hasn't mentioned anything about a deposition... or arbitration or mediation. Even if those are part of the process here, we just filed suit a couple months ago. Is it possible that these occur much later? He told me it would likely be over a year from now before a trial would happen.

If I get a new lawyer... who am I going to get? I'd need a lawyer who is considerably "hungrier" than this guy, and willing to do a lot of work for a *chance* at a modest reward. And then I still have to pay this guy.