Major Accident-No Attorney yet...advice?

[hurt back]

I agree with both Lucky and Tim.. I would get an attorney

If you get one now or later... Either way they get a %... So why pay the % if he only helped you for 1 year vs. 2-10 yrs.. Here in TN an attorney gets 20%, if you collect anything, if not then they get nothing....

So that being said as far as everything going smoothly, from what others have posted on here they also thought everything was good and then one day BAM>.. no checks, no treatment, etc.... With an attorney you kinda have an advantage because they will fight to ensure that if something like that was to happen to get you the treatment you need as fast as possible...

Its your decision on what to do, but from what I've read from others, and everything else I would get an attorney..

Last but not least as far as settlement that is a whole different story on how much he will recieve.. Its all based on MMI rating, age, etc, etc, ( at least from what I've read that others have posted. ) I have never settle a claim yet first hand so I would ask others on how that works...

But I pray all goes well and his recovery process goes well..

[lucky]

My Attorney collected 20% of my Indemnity;He never took 20% from my weekly checks. Also my Attorney did not take 20% for my MSA out of my Indemnity. We had that in the contract. It is important to know what his fee will be and what he can collect it from. Know your state laws. My Attorney collected his contingency fees after approval by the Judge.

In Louisiana, A Attorney is capped at 20% on WC Cases. I am sure it varies from state to state but I would talk to a Attorney and see what he gets in your particular state.

For the injuries the OP gave, and my personal experience with a dramatic injury, He needs a Attorney from the onset. This is not a cracked knee cap but a lot of medical seems to be needed. I would not have done mine any different that is retain a solid WC Attorney ASAP. Just my Opinion.

[Woodlawn]

I have to disagree with the notion that you automatically need an attorney.

If you father is getting the treatment he needs, as well as the TD payments he is entitled to, what value is the attorney going to bring? It would make more sense to me if the carrier sometime down the road starts screwing things up, then it might be a good idea.

And no, insurance companies don't have "attorneys working for them" like they sit next to the adjuster. You get one, then they get one.

[Timothy Belt]

Sorry Woodlawn, but your belief that insurance companies do not have attorneys working for them is simply not true. Travelers, PMA, Liberty, Phoenix, and most other insurance companies have in-house counsel and captive law firms that work directly with the adjusters. If you are saying they do not hire outside counsel until there is actual litigation, I would agree that is often, but not always, the case.

[Timothy Belt]

Sorry Woodlawn, but your belief that insurance companies do not have attorneys working for them is simply not true. Travelers, PMA, Liberty, Phoenix, and most other insurance companies have in-house counsel and captive law firms that work directly with the adjusters. If you are saying they do not hire outside counsel until there is actual litigation, I would agree that is often, but not always, the case.

[tpm]

Get an attorney now if you are not getting the maximum weekly rate. Even if your dad is getting everything he is entitled to that may change at the first WC hearing.
I didn't have an attorney for about a year but at my first hearing the law judge told me to come back with one. If you don't have an attorney you will not have a fair playing field
Good luck

[hurt back]

Woodlawn - I agree with Tim Belt... A collegue I went to school with is an attorney for and I/C..

So I would definitely once again recommend the attorney.. When you do get one they will still get the same % then as if you had one now..


Once again good luck.

[Woodlawn]

Tim,

The industry trend has been moving away from house counsel for quite some time. Liberty (at least in California) doesn't use them, neither does Travelers. Nearly every other carrier refers out to a firm to handle litigation.

Not only that, but even if a carrier has house counsel, why exactly does that even matter? The adjuster still handles the claim, and no attorney is litigating it unless the applicant initiated litigation. Yes, there are exceptions but they are quite rare.
The point is, the "working for" is silly, since an adjuster can call an attorney for advice in exactly the same way an applicant can get a free consultation from an attorney.

This is probably the time I should mention my remarks aren't from a friend, but that I do actually have firsthand knowledge of the way these things work.

[hurt back]

(07-22-2012 11:06 AM)Woodlawn Wrote:  This is probably the time I should mention my remarks aren't from a friend, but that I do actually have firsthand knowledge of the way these things work.

Well since we are all here... We all have some kind of knowledge / experience ..

And the statements provided by each are just for information, not for someone like you to blow everything way out of proportion... If you don't like our responses then fine... But lets not make a WAR out of it, thats not why we are here.

That being said when someone gets an attorney is their own decision.. The OP was asking a question and we provided an answer.. Every state is different as every adjuster, insurance company, injured worker, and attorney....

Because everystate is different, I highly doubt an attorney would want to represent someone who after X amount of time is now seeking help because everything has went to heck and a hand bag.. I mean they know they do NOT get paid unless you settle and would you want to work days or even weeks just to decifer what went wrong and how could be avoided if the OP had an attorney from the get go..

I got my attorney 3 days after my injury because of my situation trying to get my employer to call W/C and report injury.. Attorneys ( at leasts here in TN ) can make a huge difference..

And whether the OP gets one now or later they are still getting there 20% ( here in TN ) whether they help you for 1 day or 5 years...

Well hopefully this will clarify things up, the OP wanted answers so hopefully all of these responses will point them in the right direction.

The main thing is to ensure the proper treatment for the Injured Worker that is more important than anything else.

[lucky]

(07-22-2012 11:06 AM)Woodlawn Wrote:  Tim,

The industry trend has been moving away from house counsel for quite some time. Liberty (at least in California) doesn't use them, neither does Travelers. Nearly every other carrier refers out to a firm to handle litigation.

Not only that, but even if a carrier has house counsel, why exactly does that even matter? The adjuster still handles the claim, and no attorney is litigating it unless the applicant initiated litigation. Yes, there are exceptions but they are quite rare.
The point is, the "working for" is silly, since an adjuster can call an attorney for advice in exactly the same way an applicant can get a free consultation from an attorney.

This is probably the time I should mention my remarks aren't from a friend, but that I do actually have firsthand knowledge of the way these things work.

I will stick with Attorney Timothy Belt based on his knowledge and will stick yo my original answer especially due to the severity of the OP Dad AND on my results from retaining A Attorney from the onset.Why fight a Bear with a damn BB gun? Really?

I firmly believe it is better to get a Attorney on board ASAP when it is especially a complex case as this one seems. Like I stated earlier, I was offered $14k to settle. With My Attorney by my side, It was a upper 6 digit settlement including the MSA after 9 years of fighting the IC Attorney's. It is a cat and Mouse game.