Accident question/advice

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Beaudog1
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Re: Accident question/advice

Postby Beaudog1 » Wed Nov 10, 2010 8:30 am

gps4 wrote:
quack_a_tack wrote:My god what is all this pain and suffering crap, take what payes off your med bills and carry on. Ya take a chance of getting into an accident everytime you get in a car/on a motorcycle. Hell I experience pain and suffering everytime some dip *!@#@* sues the insurance co. and my bill goes up $10 bucks to cover there pain and suffering.

supposing your kid was out riding his bike and i'm talking on my cell phone and not paying attention, i run the stop sign in the neighborhood and run him over. his leg is broken in three places and no matter how good his doctor is, jr. will be in a wheel chair for the rest fo his life. he will never be able to play baseball or football, or tennis, or golf, or waterski, or dance with his wife at his wedding, or play in the back yard with your grandchildren.

I've got 2 million in the bank and 1,000 acres of prime real estate and the doctor bill is only $30,000 but junior spends the rest of his life in a wheelchair. what should i have to pay your kid?

perhaps i can safely assume that by responding to this thread, you are an avid sportsman and enjoy most things outdoors. suppose you and your wife/lady friend are out on the town,and im not paying attention and cross the yellow line. we have a head on collision. I walk away with a few scrathces. you are paralyzed from the waist down. and your shoulders are torn up so bad and the nerves are damaged such that you can no longer draw a bow or shoot a rifle. you cant play in the back yard with your kids or grand kids. you cant coach little league. you cant enjoy relations with your wife, who by the way, now has severe scarring about her face, neck and shoulders because she was cut by the windshield. she will also walk with a noticeable limp for the rest of her life. I've got 2 million in the bank and 1,000 acres of prime real estate and the doctor bill the total medical bills are $100,000. what should i have to pay you for my negligence?
Completely irrelevant to the original post. But what if someone has $11 in the bank and lives in a trailer, what do you think you're going to get for their negligence? Glad to know you've got 2 mill and some prime real estate, though. I'll make sure to jump out in front of your car if I ever meet you, since you believe I would be owed every bit of your cash and land for an accident.
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Seymore
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Re: Accident question/advice

Postby Seymore » Wed Nov 10, 2010 9:38 am

Actually it is not irrelevant at all. If he does have $2 mill and 1,000 acres then he needs to have it placed in a trust so it can't be touched from creditors. Just sayin".
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gps4
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Re: Accident question/advice

Postby gps4 » Wed Nov 10, 2010 9:52 am

Beaudog1 wrote:
gps4 wrote:
quack_a_tack wrote:My god what is all this pain and suffering crap, take what payes off your med bills and carry on. Ya take a chance of getting into an accident everytime you get in a car/on a motorcycle. Hell I experience pain and suffering everytime some dip *!@#@* sues the insurance co. and my bill goes up $10 bucks to cover there pain and suffering.

supposing your kid was out riding his bike and i'm talking on my cell phone and not paying attention, i run the stop sign in the neighborhood and run him over. his leg is broken in three places and no matter how good his doctor is, jr. will be in a wheel chair for the rest fo his life. he will never be able to play baseball or football, or tennis, or golf, or waterski, or dance with his wife at his wedding, or play in the back yard with your grandchildren.

I've got 2 million in the bank and 1,000 acres of prime real estate and the doctor bill is only $30,000 but junior spends the rest of his life in a wheelchair. what should i have to pay your kid?

perhaps i can safely assume that by responding to this thread, you are an avid sportsman and enjoy most things outdoors. suppose you and your wife/lady friend are out on the town,and im not paying attention and cross the yellow line. we have a head on collision. I walk away with a few scrathces. you are paralyzed from the waist down. and your shoulders are torn up so bad and the nerves are damaged such that you can no longer draw a bow or shoot a rifle. you cant play in the back yard with your kids or grand kids. you cant coach little league. you cant enjoy relations with your wife, who by the way, now has severe scarring about her face, neck and shoulders because she was cut by the windshield. she will also walk with a noticeable limp for the rest of her life. I've got 2 million in the bank and 1,000 acres of prime real estate and the doctor bill the total medical bills are $100,000. what should i have to pay you for my negligence?
Completely irrelevant to the original post. But what if someone has $11 in the bank and lives in a trailer, what do you think you're going to get for their negligence? Glad to know you've got 2 mill and some prime real estate, though. I'll make sure to jump out in front of your car if I ever meet you, since you believe I would be owed every bit of your cash and land for an accident.
i concede that you cannot get blood from a turnip. however, he is still responsible for the damages. if that same guy in a trailer with $11 has insurance coverage, the insurance company should have to pay (according tot he terms of the policy the issued the trailer dweller for his agreement to pay them a monthly premium) whatever the trailer dweller is legally responsible for, up to the limits of the insurance policy.

i never said i believe you would be owed every bit of my cash and land for an accident. the situation i explained allows for funds or assets available for recovery to substantially exceed the medical bills. i am simply asking what should be paid to your kid or you or your wife if you were in the situation? i very seriously doubt you or anyone reading this thread would be satisfied with only having the medical bills paid for.

Mr. Beaudog1, your kid's medical bills are $30,000. he will never be able to walk again. there is $300,000 dollars in available auto insurance coverage. would you like me to cut your kid a check for $30,000 or should i cut him a check for more than $30,000?

Mr. Beaudog1, your medical bills are $67k, your wife's medical bills are $33K. you will never walk again or make love to your wife. Your wife will have scarss for the rest of her life and walk with a limp. there is $300,000 dollars in available auto insurance coverage. would you like me to cut you a check for $100k or should i cut you a check for more than $100,000?
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Ducklord
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Re: Accident question/advice

Postby Ducklord » Wed Nov 10, 2010 10:01 am

You don't have to pay an attorney a contingency fee to represent you in your accident. You can hire a lawyer on an hourly rate if you wanted. Also, if you get an offer from the insurance company, take it to the lawyer and say you will pay him out of anything he can recover over the amount already offered. I have accepted cases on those grounds before; however, I knew I could get them a lot more money than what they were being offered. If you get an offer, I will be happy to tell you whether I believe it is fair on not based on your damages or answer any other questions you have FOR FREE!! Call me at 601-856-7800. Ben
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Re: Accident question/advice

Postby LawDawg » Wed Nov 10, 2010 10:08 am

Ducklord wrote:You don't have to pay an attorney a contingency fee to represent you in your accident. You can hire a lawyer on an hourly rate if you wanted. Also, if you get an offer from the insurance company, take it to the lawyer and say you will pay him out of anything he can recover over the amount already offered. I have accepted cases on those grounds before; however, I knew I could get them a lot more money than what they were being offered. If you get an offer, I will be happy to tell you whether I believe it is fair on not based on your damages or answer any other questions you have FOR FREE!! Call me at 601-856-7800. Ben
per the ethics rules, can you solicit business? :wink:
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GordonGekko
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Re: Accident question/advice

Postby GordonGekko » Wed Nov 10, 2010 10:58 am

Don't bring a knife to a gunfight. If it is a minor claim and the insurance company is being above board most attorney's should and would tell them handle it themselves until they reach an impasse with the insurance company. Consulting with a knowledgeable attorney will help a person figure out what they can and cannot expect to recover from the insurance company. Insurance adjusters and companies are in the business of claims negotiation, but the average injured party is not. Consulting with an attorney helps level the playing field.

I have spent a fair amount of time talking to adjusters. Some adjusters low-ball everything and others will try to do the best they can. But, the injured party rarely knows they are being low-balled unless the insurance company is being completely unreasonable.

Most people who think pain and suffering is bunk have NEVER experienced pain and suffering themselves, or had a relative who could not walk, drive, pick up their child, go hunting, etc. because of a serious accident. True pain and suffering isn't a little muscle soreness that goes away, but is a life altering experience. How much is it worth to live a normal life? How much would someone have to pay you to give up hunting? Fishing? Full use of your hands? Full use of your legs or feet?

Yes, you may run the risk of getting in an accident every day. But, does that mean you should be expected to pay for someone negligently increasing your risk? Should your family suffer without any compensation because of the careless actions of another person? Isn't that the ENTIRE reason for insurance in the first place? You pay for insurance to insulate you from risk. And do you want the insurance company to dictate the treatment you receive and what fees they reimburse? Someone has already pointed out that they generally won't cover a chiropractor, but what if the chiropractor is the only thing that makes you feel better? Should you have to take food off your family's table to pay for the one effective treatment you receive because the insurance company "doesn't cover chiropractors" or doesn't believe the medication is necessary?

And for the person who said, allow me to paraphrase, "every time an insurance company get sued my premiums go up" allow me to correct that to say "every time the insurance company has to pay a claim my premiums go up."

Insurance companies, and attorneys, are not all good or bad. Some are great to deal with and others are not. Some of my best friends are in the insurance business. Blanket statements of "being sue happy" and "trying to screw the injured party" are crap. The fact of the matter is the insurance company trains adjuster to know the company's rights and responsibilities, and it is probably a good idea for someone involved in a serious accident to have an attorney to advise them of their rights. Not all adjusters and not all attorneys want to do the right thing. Don't bring a knife to a gunfight.
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GordonGekko
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Re: Accident question/advice

Postby GordonGekko » Wed Nov 10, 2010 11:00 am

Ducklord wrote:You don't have to pay an attorney a contingency fee to represent you in your accident. You can hire a lawyer on an hourly rate if you wanted. Also, if you get an offer from the insurance company, take it to the lawyer and say you will pay him out of anything he can recover over the amount already offered. I have accepted cases on those grounds before; however, I knew I could get them a lot more money than what they were being offered. If you get an offer, I will be happy to tell you whether I believe it is fair on not based on your damages or answer any other questions you have FOR FREE!! Call me at 601-856-7800. Ben
Ya know...I was just getting ready to PM him your name :lol:
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Ducklord
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Re: Accident question/advice

Postby Ducklord » Wed Nov 10, 2010 11:13 am

GordonGekko wrote:
Ducklord wrote:You don't have to pay an attorney a contingency fee to represent you in your accident. You can hire a lawyer on an hourly rate if you wanted. Also, if you get an offer from the insurance company, take it to the lawyer and say you will pay him out of anything he can recover over the amount already offered. I have accepted cases on those grounds before; however, I knew I could get them a lot more money than what they were being offered. If you get an offer, I will be happy to tell you whether I believe it is fair on not based on your damages or answer any other questions you have FOR FREE!! Call me at 601-856-7800. Ben
Ya know...I was just getting ready to PM him your name :lol:
Ha!! Thanks! When are we going to lunch again? You know it is about to start slowing down for the holidays, so hopefully, I can get out more. Give me a holler if you are ever in Ridgeland.
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Ducklord
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Re: Accident question/advice

Postby Ducklord » Wed Nov 10, 2010 11:14 am

LawDawg wrote:
Ducklord wrote:You don't have to pay an attorney a contingency fee to represent you in your accident. You can hire a lawyer on an hourly rate if you wanted. Also, if you get an offer from the insurance company, take it to the lawyer and say you will pay him out of anything he can recover over the amount already offered. I have accepted cases on those grounds before; however, I knew I could get them a lot more money than what they were being offered. If you get an offer, I will be happy to tell you whether I believe it is fair on not based on your damages or answer any other questions you have FOR FREE!! Call me at 601-856-7800. Ben
per the ethics rules, can you solicit business? :wink:

Just trying to get my pro bono hours in before the bar fines me. :)
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LawDawg
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Re: Accident question/advice

Postby LawDawg » Wed Nov 10, 2010 1:38 pm

Ducklord wrote:
LawDawg wrote:
Ducklord wrote:You don't have to pay an attorney a contingency fee to represent you in your accident. You can hire a lawyer on an hourly rate if you wanted. Also, if you get an offer from the insurance company, take it to the lawyer and say you will pay him out of anything he can recover over the amount already offered. I have accepted cases on those grounds before; however, I knew I could get them a lot more money than what they were being offered. If you get an offer, I will be happy to tell you whether I believe it is fair on not based on your damages or answer any other questions you have FOR FREE!! Call me at 601-856-7800. Ben
per the ethics rules, can you solicit business? :wink:

Just trying to get my pro bono hours in before the bar fines me. :)
too late for me on that. and the bad thing is they want to know why you didn't get your hours... :oops:
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Seymore
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Re: Accident question/advice

Postby Seymore » Wed Nov 10, 2010 1:48 pm

You're to busy sueing people in car wrecks. :P :P Just kidding. That was to good to let go.
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GordonGekko
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Re: Accident question/advice

Postby GordonGekko » Wed Nov 10, 2010 1:54 pm

LawDawg wrote:
Ducklord wrote:
LawDawg wrote:
per the ethics rules, can you solicit business? :wink:

Just trying to get my pro bono hours in before the bar fines me. :)
too late for me on that. and the bad thing is they want to know why you didn't get your hours... :oops:
you know that doesn't start until next year....
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LawDawg
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Re: Accident question/advice

Postby LawDawg » Wed Nov 10, 2010 1:57 pm

They want a donation this year. But they do ask why I didn't get umpteen hours.
"Yea, I went hunting once. Shot the deer in the leg, had to kill it with a shovel. it took about an hour." - Michael Scott

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Deagle
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Re: Accident question/advice

Postby Deagle » Wed Nov 10, 2010 2:10 pm

I just read posts from three lawyers, in a row. Now my neck is hurting...well, more or less my back.....my neck AND my back!
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Re: Accident question/advice

Postby *7* » Wed Nov 10, 2010 2:14 pm

WOW... Duck season can't get here soon enough.

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