by cheponcia1 » Tue Nov 09, 2010 02:20 pm
im 42 fell at an amusemnt park 2007 in fl, have 2 herniated disks that need surgery, my attney told me this case is worth over 2 mil but he will ask for 1 mil, at that time i was in short term disability, now after he sent the demand lettr for 500 thousand, i lost my job and i am in long term disability, he told me once they send their offer then he will add the lost of wages amount, why did he change the begining amount of 1 mil? my monthly income was 35k, and now in getting long term pmt of 1519.87, how much will be the amount of lost wages, i am permanently disable now, Thank you
Posted: Tue Nov 09, 2010 07:23 pm Post Subject:
Your attorney tells you your injury is worth over 2 million but is only going to ask for 1 million? Perhaps the companies policy only has 1 million in coverage... but I'd still think if a case was worth in excess of 2 million that he/she would file suit, get the 1 million in policy limits and then use the judgement to obtain the property of the amusement park.
But then he only asks for $500k? Makes no sense. Also, _you_ have the final say as to what _your_ demand is. No one else can make this final decision. You'd need to agree to it. A demand for settlement is just that... its a statement that you will settle for $xxx. It could be left open (to include other items) but then it turn into a worthless piece of paper. Why would the insurance company agree to a completely unknown amount?
I think you need to have a sit down talk with your attorney and ask him/her these questions. There is no way we can know what is going on.
I can't speak for your injury but I can tell you that almost everyone over 30 has herniated discs to some degree despite being in an accident.
Posted: Tue Nov 16, 2010 06:40 pm Post Subject: appt
went today to the appointment with the lawyer, his partner at the firm says the adjuster did not accept liability so there is nothing we could do, just like that, that if we go into a lawsuit we will have to hire an 'expert ' to prove the liability and the 'expert ' will cost about 20 grand, that's BS, but what can i do? i think my lawyer is not agressive enough to take in this case...
Posted: Tue Nov 16, 2010 06:46 pm Post Subject:
Sounds like this attorney either knows you don't have a good case or never goes to trial.
You can look for another attorney if your current one won't proceed.
Posted: Wed Nov 17, 2010 05:39 am Post Subject:
the firm says the adjuster did not accept liability so there is nothing we could do
Like so many other PI attorneys, this one probably has little or no experience in a courtroom, and runs scared every time he doesn't get a quick settlement offer.
Probably time to get a second lawyerly opinion of your case.
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