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davina j | Compensation Claim .. Who is right? Husband or wife?? |
I recently had a fall and am suffering with post concussion syndrome, however that is not the reason i am writing.
The Insurers have agreed to pay me compensation, not sure if i should go to a lawyer, i am hearing 2 completely different storys, some say yes for sure a lawyer, others say stick with the insurance .. then i won't have to pay lawyers costs.
My husband is 100% sure that i ill have to pay all lawyers costs out of my settlement, i say the insurers will have to pay it all or at least partial costs to the lawyer if i go to a lawyer and the claim is successful, both of us are convinced we are right.
Please can somebody tell me the correct answer, is the husband or the wife right here?
Thanks in advance |
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bundysmom
 |
You're both wrong. A lawyer will take a percentage of the settlement, in some cases, up to 40%. The insurance company doesn't care how your lawyer is paid, that's b/w you and the lawyer. |
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patrickmcc55
 |
Attorneys fees are deducted from the award, or settlement. That means you pay their fee. |
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MTR
|
The attorney's fees come out of the settlement or award. If you doubt that, call an attorney who handles workers compensation in your area, and ask him how he is paid.
the insurance company will not pay the attorney. They didn't hire him, they don't think you need one, and unless the matter goes all the way through trial, they won't pay him. If it goes all the way through trial (a 5 or 6 year process), they may be told by the judge to pay your attorneys fees. Otherwise, you pay for the service you chose to have. |
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Barry auh2o
|
If they have agreed to to pay you compensation, what can a lawyer do for you??? |
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Faye H
|
Is this a Worker's Compensation injury?
If it's Workers Comp, you'll receive temporary disability until you are released to return to work and they'll pay your medical costs. There is no "settlement" unless you have a permanent disability. All you get is temporary disability and medical.
If you hire a lawyer, I don't know what he could do for you since they've already agreed to pay compensation, unless you feel like giving him a percentage of what you're already getting.
The lawyers fees come out of whatever you get. The checks will get sent to him. He deducts his percentage and sends you the rest.
There are some states, not all, that will add attorneys fees to the award in certain cases. What constitutes a "certain case", I don't know. Workers Compensation is regulated by state so it's going to depend, in part, what state you're in and what your permanent disablity is, if any. |
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FozzieBear
|
If you want to pay straight fees, you'll have to pay the lawyer up front. Or the attorney will agree to take a percentage of the settlement.
Talk to an attorney who works on contingency and find out what your claim is really worth. The insurance company will low-ball you on the offer, but you'll be saving 1/3 or more because that's the cut that most attorneys take.
Now, remember that the attorney will estimate the highest possible amount because he wants a cut of your settlement. AND, it will take years to get to court.
Don't make any decisions until you talk to an attorney and find out where you stand.
. |
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nurse ratchet
|
Is this a workers compensation claim or a liability claim? That could make a difference. However, normally the cost of your attorney is deducted from your settlement. I highly doubt you would come out ahead by hiring an attorney, but it is your right and privilege if you want to. If you get $100,000 with an attorney, you will end up with $70,000. If the company is offering you $75,000 to settle, you have actually lost money by hiring the attorney. |
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mamatohaley+1
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Assuming this is not a workers comp issue which I know nothing about I hate to say it but your husband is right. Damn!! :)
A lawyer will take 35% of your settlement. The insurance company will pay you for meds and pain and suffering - if you are in a state that qualifies you for this.
I would not go to a lawyer until the insurance company makes you an offer. If you are unable to negotiate an offer than consider an attorney. |
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mbrcatz
|
Depends on the policy type, who's policy is paying out under WHICH coverage, and the injured party's relationship to the policy.
If it's workers compensation, then in some states (but not all) your lawyers fees are in addition to the medical payments & lost wages. If it's someone elses liability, either auto or bodily injury, then likely the lawyer costs will come out of your settlement.
YOUR PERSONAL AGENT can tell you how it works for which policy type, in your state. |
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