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Personal injury lawyers - 7/28/2008 2:15:41 PM
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PrincessDonna
Posts: 10218
Joined: 4/11/2005
From: Cow country, Upstate NY
Status: online
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My husband was in a serious accident last Sunday. He came around a curve and hit a huge tractor that was on his side of the road. This tractor is too big for the road it was on, which has no shoulders. The insurance company has not accepted liability yet. He had open fractures of the humerus/elbow, femur, and tibia, and also pelvis and hip fractures. He's going to be okay, but it's going to be a long, painful recovery. It's anyone's guess as to how much function he is able to get back.
We (well, I really...my sweetie is not in a place to discuss any of this with right now) are leaning toward contacting a personal injury lawyer. I'm a bit leary of this because we're not out to bankrupt the farmer or to get more than is reasonable. But I feel we need to protect our future interests also, as the doctors are pretty sure he will need more surgery in the future and he may or may not be able to return to his work as a truck driver.
We are going to ask our pastor for a recommendation for a lawyer and for his thoughts on it. Being a financial advisor in his "day job", he should be able to advise us well, I think.
Biblically, is it okay to do this? Or is it the way of the world? Just curious what you all think about it...
_____________________________
I will praise you, O Lord, among the nations;
I will sing of you among the peoples.
For great is your love, reaching to the heavens;
your faithfulness reaches to the skies.
~Psalm 57:9-10~
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RE: Personal injury lawyers - 7/28/2008 3:55:52 PM
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cynthia
Posts: 7923
Joined: 3/31/2005
From: Beautiful Puget Sound Region
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Donna, If a person is unwilling to own up to his own responsiblity, it is correct to take it to a higher authority. It is also correct to receive wise counsel. You need to know what your right and responsibilities are. This doesn't mean you are going to sue anyone. It does mean that you get the information you need to make the best choices. Furthermore, insurance companies are not people. They are entities that are designed to make sure that people are taken care of when something bad happens. That's why people pay premiums. As far as the man in the tractor, I don't know what to do about that, and could not comment without proper legal advice, which you will get from an attorney. I suggest you do this as soon as you are able. It's better to have as much info up front as you can, so you are aware of what your options are.
_____________________________
When you stand up for what’s right, don’t expect the one in the wrong to be happy about. He may get very angry. That doesn’t mean you should back down and give in. It means you need to stand firm and diligently pray for him and for yourself.
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RE: Personal injury lawyers - 7/29/2008 11:17:52 AM
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firefightermama
Posts: 1397
Joined: 10/24/2006
From: Canada
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Donna, a PI lawyer is a great thing. Some are just out there for the money, but there are some wise lawyers who are really there to help people out. I hope you get one of those ones.
I don't think it is an unreasonable thing. You need to be compensated for loss of wages, future loss of wages, medical bills etc. You could also sue for pain and suffering, but if you're feeling that it's sketchy, maybe you could just try to be compensated for the tangible numbers, kwim?
Regarding liability, the insurance company really can't claim liability for the accident until it goes to court and is decided by the judge, or in the pre-court proceedings (discoveries, depositions etc.). During a mediation or such, the two insurance companies may come to an agreement on liability (80%-20% or 50%-50% --not saying that it would be that amount in this case, but sometimes that can happen...even though the tractor was on his side, maybe he was going to fast...not implying that he was at all, but those are things that can be a factor) and if it does eventually go to court, a judge could decide those things at that time.
Most of the time, I would say 95% of the time (around here) PI cases never go to court. It is waaaay to expensive, and at least if there's a settlement, you are guaranteed to receive something. If a PI case goes to court and loses, you could even have to pay the other side's legal fees. It would never happen in this case, since clearly the other guy was in the wrong, so likely it would settle pretty quickly. A settlement can be in a lump sum or they can pay it out over time (I forget the word for that right now)
You can work out with your lawyer how much...you're not looking for retribution, just enough to cover what you would be losing by him being out of commission.
Here is a website with a little bit of info
Hope that was a bit of a help. Praying that you find wise guidance, and an excellent lawyer.
_____________________________
~yolanda~
"I wish I was a glow worm, cuz glow worms are never glum.
How can you be grumpy when the sun shines out you
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RE: Personal injury lawyers - 7/29/2008 2:37:23 PM
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Kath
Posts: 16980
Joined: 2/28/2005
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When you talk to one I'd make sure you say the tractor hit Brian, not that Brian hit the tractor. That might sound nitpicky but insurance companies jump on that sort of thing.
I think going to a PI Lawyer is the right thing to do. The insurance company is all about profit, and hanging on to it. Their job is to make sure they pay out as little as possible. You need a lawyer to make sure Brian is taken care of.
quote:
They are entities that are designed to make sure that people are taken care of when something bad happens. That's why people pay premiums.
When one pays for insurance, yes it is there to protect the one paying but not for the one they hit. They will do what they can to pay as little as possible. That's why I was glad to hear that Brian's insurance is willing to help them, because the guy with the tractor's will not.
FFMama is right, when my step daughter was broadsided by someone running a red light, clearly that person's fault, she had to get a lawyer to get the insurance to pay and it did almost end up in court (it was settled out of court). Unfortunately it's just the way insurance companies are.
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RE: Personal injury lawyers - 7/29/2008 4:36:37 PM
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cynthia
Posts: 7923
Joined: 3/31/2005
From: Beautiful Puget Sound Region
Status: online
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I would make sure to ask for your legal fees to be reimbursed.
That's a good point Kath made about the tractor hitting Brian. Brian was in his own lane. The tractor was in Brian's lane.
_____________________________
When you stand up for what’s right, don’t expect the one in the wrong to be happy about. He may get very angry. That doesn’t mean you should back down and give in. It means you need to stand firm and diligently pray for him and for yourself.
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RE: Personal injury lawyers - 7/30/2008 6:50:14 AM
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Sideways
Posts: 3293
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I think getting legal representation is very wise in this case, Donna. You're right to do it. I understand your apprehension about the "pain and suffering bit" though. But there's to much at stake her not to have professional counsel on this matter.
A former coworker of mine ended up suing a hospital because of a mistake they made on his wife's surgery (it was a pretty blatant mistake). He didn't want to sue, but they still wanted to charge him for her medical care, so he got just enough to pay for everything.
_____________________________
Don't ascribe to malice what could simply be incompetence.
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RE: Personal injury lawyers - 7/30/2008 8:14:27 AM
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PrincessDonna
Posts: 10218
Joined: 4/11/2005
From: Cow country, Upstate NY
Status: online
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quote:
You don't want to have to leave your kids and go to work because they wouldn't take care of you.
This is exactly it. Our lifestyle should not have to change drastically because of someone else's disregard for people's safety. I have been at home for over 4 years now and I should not have to go back to work because of this.
Cynthia, you are right, I need to adjust my thinking. I was thinking from Brian's perspective...he did hit a tractor with his car. But you're right...it was the tractor who hit him, while Brian was driving along in his own legal road space.
_____________________________
I will praise you, O Lord, among the nations;
I will sing of you among the peoples.
For great is your love, reaching to the heavens;
your faithfulness reaches to the skies.
~Psalm 57:9-10~
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RE: Personal injury lawyers - 7/31/2008 12:53:28 AM
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spitzu
Posts: 875
Joined: 4/19/2005
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Yes, get one. On recommendation from people you trust.
My parents were hit by a (possibly drunk) driver, and it was a long drawn-out horrible battle that would have been *impossible* without their lawyer (who, by the way, is a Christian and friend of the family). A suit had to be filed for them to get anywhere. My mom had hundreds of thousands of dollars in medical expenses. The insurance company of the at fault driver (which is a huge well known and popular company that I will not name) would not budge until a formal suit was filed. They didn't end up having to go to court, they were able to settle... but they would have gotten nowhere without legal help. The people on the other side were ruthless and liars and it was such a discouraging mess. I can't imagine dealing with something like that on your own.
They didn't get enough to cover all of their expenses, but what they got was absolutely necessary and definitely helped.
I pray you find some good legal help that does the job ethically and thoroughly. (And that Brian has a speedy as possible recovery.)
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<- Ahh, the sound of a real shutter. It's like music!
It's a dirty job
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RE: Personal injury lawyers - 7/31/2008 10:44:51 AM
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seagullplayer
Posts: 127
Joined: 9/18/2007
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What did the police report have to say?
Any judgments that would be awarded would take this into bearing I’m sure.
I don’t want to be a wet blanket here, but most of the time, if you hit someone from behind you, are considered at fault. Or was the tractor in the oncoming lane?
In our state, you are allowed to drive farm equipment on most public roads as long as you have a “slow moving sign” on the back. I expect there is another name for it, but the red and yellow triangle sign. It may be that the farmer is looking for a lawyer…
I do agree that talking to the insurance company by phone is not a good practice, just be sure and keep copies of all your bills, this may be a long row to hoe.
_____________________________
The world has only one problem, sin.
There is only one solution, Jesus.
THE WAY.
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RE: Personal injury lawyers - 7/31/2008 10:51:28 AM
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Jenny-Fair
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From: WA
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Seagull, the tractor was in Brian's lane (he was in BOTH lanes, actually) and hit him head-on. The police report verifies this. Brian is most definitely not at fault.
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Ziva: It is possible. I do not remember all their names.
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RE: Personal injury lawyers - 7/31/2008 10:59:19 AM
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seagullplayer
Posts: 127
Joined: 9/18/2007
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quote:
ORIGINAL: Jenny-Fair
Seagull, the tractor was in Brian's lane (he was in BOTH lanes, actually) and hit him head-on. The police report verifies this. Brian is most definitely not at fault.
There you go.
_____________________________
The world has only one problem, sin.
There is only one solution, Jesus.
THE WAY.
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RE: Personal injury lawyers - 7/31/2008 12:27:54 PM
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Kath
Posts: 16980
Joined: 2/28/2005
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quote:
I don’t want to be a wet blanket here, but most of the time, if you hit someone from behind you, are considered at fault. Or was the tractor in the oncoming lane?
The tractor was in the oncoming lane, taking up both lanes.
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RE: Personal injury lawyers - 7/31/2008 2:17:12 PM
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bluestone
Posts: 2934
Joined: 2/25/2008
From: United States of America
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Lawyer- up asap
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I need Christ. Not something that resembles Christ.
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RE: Personal injury lawyers - 7/31/2008 10:40:04 PM
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PrincessDonna
Posts: 10218
Joined: 4/11/2005
From: Cow country, Upstate NY
Status: online
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It wasn't a lawyer we met with tonight, but an investigator from their firm. I was very pleased with him and he will present our case to a team of lawyers who will then decide whether or not to take the case. He sounded like it is obvious who was at fault and who needs to pay. He told me to expect the insurance company to come knocking on my door with what looks like a decent offer, once they have been told who our lawyers are. I am not to sign anything or haggle with them, but to call the attorney immediately. Once they know they ARE going to pay, they will try to pay the lowest amount possible, of course. He also followed me to the accident site and took pictures and I will be emailing him pictures of Brian's car and Brian's injuries. I'm glad we called them. It takes a huge load off of me.
_____________________________
I will praise you, O Lord, among the nations;
I will sing of you among the peoples.
For great is your love, reaching to the heavens;
your faithfulness reaches to the skies.
~Psalm 57:9-10~
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RE: Personal injury lawyers - 7/31/2008 10:49:32 PM
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Kath
Posts: 16980
Joined: 2/28/2005
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quote:
He told me to expect the insurance company to come knocking on my door with what looks like a decent offer, once they have been told who our lawyers are.
I like the sound of that because that means the lawyers must be pretty good!
quote:
It takes a huge load off of me.
I am so glad!
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RE: Personal injury lawyers - 7/31/2008 10:53:40 PM
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PrincessDonna
Posts: 10218
Joined: 4/11/2005
From: Cow country, Upstate NY
Status: online
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Oh, and he also said farms, even small ones usually have liability insurance for at least a million, and a larger farm like this one is probably at least 5! So there is plenty there for what we will need. My mind can't even comprehend that kind of money, but I know that we have gone through over $100,000 in medical bills in under 11 days, so it is good to hear they have that kind of coverage AND that it won't break the farm either.
_____________________________
I will praise you, O Lord, among the nations;
I will sing of you among the peoples.
For great is your love, reaching to the heavens;
your faithfulness reaches to the skies.
~Psalm 57:9-10~
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RE: Personal injury lawyers - 8/1/2008 7:36:32 AM
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iluvatar
Posts: 1649
Joined: 4/12/2005
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When it comes time, don't discount the value of pain and suffering.
-Dan.
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Well, I've been to one world fair, a picnic, and a rodeo, and that's the stupidest thing I ever heard come over a set of earphones.
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PLEASE PRAY FOR MY DEPLOYED (AGAIN) HUSBAND ... THIS IS HIS FIFTH TIME 
) and told her she may not contact me again and she will receive a letter of representation from our attorney as soon as we find one. It felt really good to tell her that. 
my soldier! 
MOO
