Boyfriend hit by car today

[bcipam]

I'm a lawyer (in California), so wanted to put in my 2 cents.


A personal injury attorney will always work on a contingency basis, for a portion of the amount you recover from the insurance company. So if you get your award before going to trial, he/she gets 25%, after trial 30%, something like that.



-Amy

Amy in California its 33% before trial and 40% after. It might be lower in other states but the 33% contingency fee is pretty standard in most states. In dealing with injury awards for minors, were the award is court approved, the court will allow only 25% for the attorney.

In addition depending upon which State, the insurance company along with the driver and the owner of the car can be sued. Here in California the Insurance company can not be sued.
If and when you get that far, the attorney will provide you with advice. BUT, first work on getting Jim healed. Contact the insurance company and let them try and help you out. Yes I understand insurance company are the evil empire, but in most states, things have changed significantly (due to regulation by that State's Department of Insurance) and insurers now have a much higher duty to resolve claims quickly and equitably. Now there are some bad adjusters out there just like there are bad lawyers, and doctors etc., but most really try to do the right thing. I do want everyone to understand that adjusters deal with attorneys on a daily basis and it doesn't scare them to pay faster or more. Actually many adjusters want claims to become lawsuits. Once a claim goes into suit and and attorney is representing and protecting the interest of the claimant, alot of the Department of Insurance regulations no longer apply. In other words, the adjuster gets some breathing room and can move on to the next claim. Of course getting an attorney doesn't mean you automatically file suit, the attorney has 1 - 3 years to get the claim settled before he files a lawsuit; I'm just saying the adjuster no longer has to worry about regulatory timelines etc.