Celebrating 10 years! 2007-2017

PI Attorneys: What are the most common questions clients ask you?

Especially during the first contact. Thanks! paulcrudd07/11/18
How much is my case worth? isthisit07/11/18
Was it a bad idea to have signed the insurance company form wutwutwut07/11/18
40% for what? I'm the one who is injured. How long befor 2ski07/11/18
How much is my case worth. How long will this process take. jd4hire07/11/18
The last post is generally all true. Also: - can I get a lo physicssezno07/11/18
"What do you mean I'm going to have to take $120K of the rec wutwutwut07/11/18
lol yeah, dealing with the liens is a real shocker for the c onehell07/12/18
Well, to be fair my relatives were not aware of the subrogat wutwutwut07/12/18
jd4hire nailed it. tcpaul07/11/18
Yup. esquirewalletsmatter07/11/18
When will I get paid? Why's it taking so long? What's your w cranky07/11/18
Do I have to tell them about this prior accident, that prior parlance07/11/18
paulcrudd (Jul 11, 2018 - 3:30 pm)

Especially during the first contact.

Thanks!

Reply Like (0)
isthisit (Jul 11, 2018 - 3:31 pm)

How much is my case worth?

Reply Like (0)
wutwutwut (Jul 11, 2018 - 4:10 pm)

Was it a bad idea to have signed the insurance company form before I called you?





(not a PI guy, just imagining....)

Reply Like (0)
2ski (Jul 11, 2018 - 4:22 pm)

40% for what? I'm the one who is injured.

How long before my check?



(not Pi guy either, overheard in bar)

Reply Like (0)
jd4hire (Jul 11, 2018 - 4:33 pm)

How much is my case worth. How long will this process take. Why can't you tell me how much my case is worth. Why will we need experts, this is a clear cut case. How much is my case worth. When will I have money. Why is my recovery potentially limited to insurance policies. How much is my case worth.

Common statements (not questions) - I don't think you understand how hard this has been for me. I haven't been able to do anything. I'm permanently disabled for the rest of my life. I didn't do anything wrong.

They normally make up statements made by the potential defendant - they apologized, they acknowledged they caused the issue, Doctor B told me Doctor A royally screwed up.

I never get questions on fees. Maybe a question to explain the expenses component and liens, but not contingency fee.

Reply Like (0)
physicssezno (Jul 11, 2018 - 4:53 pm)

The last post is generally all true. Also:
- can I get a loan? Can u sign for a loan for me?
- how much does it cost?
- do I pay anything?
- why do I have to pay back liens?
- will there be a trial?
- what’s going on w my case?
- lots of questions to prep for depositions
- is it bad for my case if I do .... [insert thing that’s bad for the case]?

Reply Like (0)
wutwutwut (Jul 11, 2018 - 5:43 pm)

"What do you mean I'm going to have to take $120K of the recovery and give it to my health insurance company - even if that's all I recover??"



(Something I learned when some family members were hurt in an accident. I also learned that insurers, including the gummint, will settle out around 30-40%)

Reply Like (0)
onehell (Jul 12, 2018 - 1:02 pm)

lol yeah, dealing with the liens is a real shocker for the clients and a real trap for the unwary for lawyers too.

Pretty much every solo I know locally mainly does family and criminal defense but they always advertise PI too "just in case" the proverbial winning lotto ticket walks in the door. They've never heard of the liens so they don't tell the clients about them, settle the case without thinking about them, and then everyone is in for a big surprise that gets the lawyer in trouble with the bar, subjected to malpractice cases etc.

Reply Like (0)
wutwutwut (Jul 12, 2018 - 1:42 pm)

Well, to be fair my relatives were not aware of the subrogation deal either. Nor was I; although it made sense when I thought about it. It was just the notion that, under the contract, the entire recovery could be subrogated that stung.

I paid for a couple of hours' time of a good PI guy and he gave me the skinny on making a low-ball offer on the Medicare subrogation claim. I had my relative write a letter starting out at 25 and I think they eventually settled on 35%.

But the same PI guy also said we'd be unlikely to talk the commercial insurer down given the "choice of laws" clause was IL (very favorable to insurers - home of State Farm and Country Companies, so go figure) and specifically had the insured waiving any "made whole" doctrine.

So on the commercial health insurer deal, I started digging in my relatives' state law cases and found a few times, luckily unappealed, where their courts had set aside choice of laws provisions in favor of local law where neither the accident nor anyone involved anything to do with the state of IL; the rationale being that it was against public policy to apply a foreign state's laws under the circumstances.

Their state also has a partial "made whole" doctrine on the books but it wasn't quite as complete as I'd hoped for. Anyway, I had him put together a letter saying they'd take their chances given X, Y and Z local choice of laws cases and the potential to get the partial made-whole statute applied, and wouldn't it be better to just settle for 30%? It took some back/forth but they eventually settled at a rounded-off (up) number that iirc was a bit over 40% of the total.

Reply Like (0)
tcpaul (Jul 11, 2018 - 7:30 pm)

jd4hire nailed it.

Reply Like (0)
esquirewalletsmatter (Jul 11, 2018 - 7:45 pm)

Yup.

Reply Like (0)
cranky (Jul 11, 2018 - 7:47 pm)

When will I get paid? Why's it taking so long? What's your win-loss record?

Reply Like (0)
parlance (Jul 11, 2018 - 9:58 pm)

Do I have to tell them about this prior accident, that prior surgery?

How much money will my case make?

How long will this take?

Reply Like (0)
Post a message in this thread