Was in a car accident... lawyer wants to settle- have questions need advice?


Question:
My son and I were in a car accident over 2 years ago. Well, the auto insurance wants to settle. It is going to be a "policy limit", but they are not giving my son anything. He was 2 years old when it happened. He was not hurt bad, but was bruised for about a week and scared to go in a car for about 6 months. I had my sciatic nerve pinched and a bulging disk. I am always in pain and all they want to give me is 20,000. But, that is before medical and my lawyers fees. Isnt my son entitled to something? Why is it so low for all the pain I have gone through. One more thing does the lawyer get his fee before or after medical bills are paid?

Answer:
Your post is a little unclear. In any event, these are really questions you should be asking your lawyer. It's his job to help you understand the consequences of accepting any settlement offer. Write down all your questions, and then meet with your lawyer and ask him.

I imagine the settlement involves having all medical bills paid, and that the $20k settlement is for your pain and suffering. Generally the lawyer will take his fee (either 1/3 of 1/4) of the settlement as his fee, depending upon the terms of your engagement with him. So it's most likely that all medical bills will be paid, and you will get $20,000, part of which will go to the attorney to pay his fee.
The insurance company wants to be as cheap as possible.

However, do not settle until the terms are spelled out for you, especially if you have ongoing health problems from the accident. There should be a written agreement that the insurance company will pay all accident related medical bills. Also, make sure your son did not have any damage caused by the accident, this includes psychological problems.

As for your lawyer's fees, that should have been spelled out when you asked him to represent you.. It should be a set fee based on the settlement in total, that includes what medical bills are paid.
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