Is my solicitor/lawyer doing enough?

by admin on September 30, 2010

A car hit me while I was on my bicycle (100% her fault), and I have hurt my knee quite severely. There were no witnesses, however the woman did admit it was her fault and offered me compensation on the spot, which I refused. I have cartilage damage in this knee, which may take months to heal, and probably will not heal back even close to how good it was before. I have a solicitor who is supped to be handling the claim against the woman’s insurance. So far we had one meeting and he took down a load of information, and also asked me to keep a log of my injury. His attitude is that we must wait to know the FULL extent of my injury before contacting the insurance company to make a claim. I am wary of this because I feel that my case becomes weaker the longer we wait to make a claim. As there were no independent witnesses, we may have a problem. Am I right in thinking this or is my solicitor right? Is there anything else he should be doing, since I believe he hasn’t done anything so far except take information from me.

P.S. Please DON’T reply to this question unless you have actual experience or knowledge of this type of thing.

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{ 4 comments }

Bill September 30, 2010 at 7:32 pm

Your lawyer is doing his job!!! Let him do it. If you are not completely healed or do not know the full extent of the injury it would be irresponsible to settle the injury portion of the claim. The settlement will be a full and final conclusion of the claim. What if the knee doesn’t heal properly and you need surgery in the next 6 months? If the claim was concluded before that time you would have to take care of the bills on your own. Don’t let people try to influence you into settling quickly. This isn’t a get rich quick scheme it is about getting you healthy. The settlement will cover reasonable medical expenses,any loss of wages that are accident related, and some minor allowance for pain and suffering including inconvenience. You will have to pay the doctors and attorney out of this settlement amount.

Mary September 30, 2010 at 7:32 pm

Bill is absolutely correct!

car253 September 30, 2010 at 7:32 pm

You do not finish your claim until you have finished all your medical treatment. Usually attorneys wait until the last day when they MUST turn in the paperwork to get you a settlement. This way they get more medical treatment done and get more money for you.

Ask your attorney. Sounds like he his doing his job. Ask him when the statue of limitations is in your state. That is probly when your claim will be finished.

mbrcatz September 30, 2010 at 7:32 pm

You don’t indicate how long it’s been since the accident, but there is NO WAY the insurance is going to pay out, before your injury has had all the medical treatment it needs, all the physical therapy, and has done the maximum recovery to know what your permanent disability is.

When you hire an attorney, you’re pretty much guaranteeing yourself that you won’t see a dime for at LEAST 18 months.

Your thinking is incorrect. Your solicitor is right. FIRST you heal, THEN you make your final demands.

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