HOLY CRAP, I want my bike back!!!!!

Started by Clickjack, July 21, 2009, 03:28:01 PM

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NAKID

Quote from: Spidey on July 21, 2009, 06:35:57 PM

P.S.  Statler's a turr-ist cuz he's all edge-jew-muh-kate-ed.  He's the most tur-risty of turr-ists.   [laugh]


Hey uhhh, aren't you a lawyer too?

;D
2005 S2R800
2006 S2R1000
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Popeye the Sailor

If the state had not cut funding for the mental institutions, this project could never have happened.

Clickjack

Lawyers, I have a couple questions for you?

I have actually had a couple of Lawyers who heard about this through friends, approach me.  Then I sort of (through this board) know a local Personal injury lawyer.  Who do I ask, how do I find out if who I'm using is good?

Second.  Is it possible to have the Lawyer sue or negotiate for your settlement plus his fees and costs?   

thanks for the advice.
"They wanted Gold, we gave them lead"  -John Wayne

Spidey

#18
It's hard to know who is "good" except through referrals.  The best thing to do is to ask any lawyers you know for a referral.  That said, the good news is that it sounds like you have a fairly run-of-the-mill personal injury case (not to diminish your injuries -- it's just that it's not a particularly specialized case).  So while you don't want some total greased hair, quick-talkin' scumbag, most personal injury lawyers will be able to handle your case with ease.  You can meet with a couple, ask them about how they want to approach the case, what they see as the possible outcomes, and try to get a sense of who you trust and want to work with.  They'll definitely be selling themselves, but you'll get an idea pretty quickly what your case will look like.

Edit:  you can search http://www.texasbar.com/ for the name and bar number of an attorney.  Check to see if they've been suspended, disciplined or have any complaints against them.  I'm not sure what other info you can find there (probably graduation date, name address, specialties, etc), but if someone is not in good standing or hasn't been in the past, that's a GIANT red flag.  Just being a bar member doesn't tell you much about their quality as an attorney, but you'll see if something is really wrong with them.

As far as the lawyer negotiating for a settlement plus costs plus fees, it doesn't really happen that way.  The other side will make a lump sum offer.  From that amount, you can calculate how much you'll be getting (or your attorney will do it).  In personal injury cases, the lump sum offer is always based on the value of your case, not the value of your case plus your attorneys' fees (civil rights cases, for example, are a bit different).  If there are outstanding medical bills or liens, your attorney will/should also negotiate those liens so that all of your recovery doesn't go to pay for medical bills.  But it's something to keep an eye on.  If you've had medical treatment for an injury caused by someone else, those medical treaters are often entitled to at least a portion of the money you receive in settlement.  A good lawyer can get around those liens, but it's something to ask about when you're trying to find an attorney.

Also, be aware that if you go to trial and win, in most states, you are entitled to at least some of your 'hard' costs.  So if a jury awards you $25k, you'll get that plus some of the money actually spent to get the case through trial.  You won't get your attorney's fees though. 
Occasionally AFM #702  My stuff:  The M1000SS, a mashed r6, Vino 125, the Blonde, some rugrats, yuppie cage, child molester van, bourbon.

ducleaner

Quote from: Clickjack on July 21, 2009, 03:28:01 PMThe other guys insurance is still "investigating"  and I'm trying to decide if I should get a lawyer. 

Did you not have collision coverage? B/c if you did, I'd think your insurance company would be pushing the issue. It's their job to fix your vehicle NOW and then settle the blame issues later.

When I was in high school, my parents switched me to liability only and this happened to me. Some douche hit me (he had a stop sign, I didn't. He t-boned me) but his insurance company wouldn't pay even though the police report was written up in my favor. I had to get a lawyer who really didn't care that much b/c it was small potatoes claim but eventually they paid my repair bills plus my legal fees. Unfortunately, I was walking for 4 months.

good luck getting back on your feet (and wheels).

DoubleEagle

If the other party,( who was at fault ) if their Insurance Company wants to make you an offer if you will sign a release stating you can never come back on them be certain you have no injury from the accident that will be of problem later.

Dolph     :)
'08 Ducati 1098 R    '09 BMW K 1300 GT   '10 BMW S 1000 RR

Shortest sentence...." I am "   Longest sentence ... " I Do "

Spidey

Quote from: ducleaner on July 22, 2009, 03:49:03 PM
Did you not have collision coverage? B/c if you did, I'd think your insurance company would be pushing the issue. It's their job to fix your vehicle NOW and then settle the blame issues later.

Clickjack, be aware that even if you have collision insurance, any lawyer for the insurance company will limit their case to the property damage claim, i.e. the value of the damage to your bike and other 'stuff'.  You'd still need your own lawyer if you decided to pursue any claim you might have for personal injuries and/or lost wages. 
Occasionally AFM #702  My stuff:  The M1000SS, a mashed r6, Vino 125, the Blonde, some rugrats, yuppie cage, child molester van, bourbon.

redxblack

Quote from: Statler on July 21, 2009, 06:31:26 PM
I love being compared to a terrorist because of an extra couple years of school.    :-*

;)

Reminds me of when Sec. of Education Rod Paige referred to the National Association of Educators (the largest teachers' union) as a "terrorist organization" in 2004.