Inadequate Compensation in Rear End Car Accident Settlement...

by Dee
(Bakersfield, California)

I was rear ended at a stop light and I hired an attorney. I ended up having surgery on my right shoulder and I've been through therapy and all.

I have lost wages, went through a lot of stress over finances, had to borrow money, sell my truck and now the attorney tells me I am getting probably nothing because any money I am receiving is only going to pay medical bills and him.

I had full coverage and as far as I knew there was full coverage on the person who hit my car. What if my injury would have been worse?

And I thought by hiring an attorney I would be compensated for all I have been through. My life is a mess over this accident right now and I am getting nothing? Is this right?

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

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ANSWER for "Inadequate Compensation in Rear End Car Accident Settlement...":

Hiring an attorney is never a guarantee of a settlement, though I do understand why you have come to this conclusion. An attorney can only do so much with the facts of a case and from an ethical standpoint should consider NOT taking cases where the attorney receives something and the client receives nothing.

Beyond this information, its hard to assess your claim without details. I can however, give you a very general guideline of what your attorney should be doing for you.

For one, the lawyer should be demanding 4-5 times your medical expenses plus out-of-pocket expenses and lost wages. Negotiations should begin from there.

Secondly, the medical bills should be negotiated so that they are less. Medical providers will take less, often up to 70-80% less when they know that there is little to go around.

Lastly, no settlements should be accepted without your express approval. This is not to say that you can hold a settlement hostage, but you must fully understand it and accept it before the attorney can.

Best of luck.