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How much will I receive from my settlement? OT encouraged

3,834 187 October 26, 2010 at 04:15 PM in Video Games
SO I was in a car accident a few years back, and yada yada, I have a permanent injury to my hip flexor area. It inhibits my ability to exercise the way I used to, it hurts after sex Mad !!!! and sometimes it pops/clicks when I walk. It is not debilitating. I did not lose an arm or become deformed from this. I am not in a wheelchair and I didn't lose my job over this injury. However, its a pain in the ass and I'm upset that it can never go away.

So after 1/3 of it goes to legal fees, lets make bets on how much I get out of it.

Before it was deemed permanent I was offered 18k (Or about that) before the 1/3 was taken out. I'll update this if I ever get money.
And no, I am not loaning any of you money! laugh out loud

(If anyone remembers my thread about what you would do with a large amount of money if you won it, that is what this was about)
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Piccaboo
10-29-2010 at 04:00 PM.
10-29-2010 at 04:00 PM.
Quote from UTR :
I received the DR report..

Mild posttraumatic left knee chondromalacia patellae
left hip strain
left with mild tendinitis in the region of the origion of the hip flexors in the area of the
anterosuperior iliac spine. Crepitus?
mild peripatellar knee pain

Those are notes I made about things he wrote. I am not comfortable quoting or posting any of his letter.
Learn about the above:

http://www.medicinenet.com/patell...rticle.htm

http://www.aafp.org/afp/991015ap/1687.html

By researching the above, you learn how or why it will or will not heal, or why or why not it maybe operated on, or why or why not PT is necessary (still), and whether or not it will be chronic.

But again, since you have had no surgery, the other Ins. Co. will take that into consideration even though this report shows this - as it can say anything - but as long as you are able to sit, stand, walk, run, do your job on a daily basis, and many other factors - of which if they got you into a court room and put you under oath - you might have a hard time proving otherwise - other than sex - that this injury is that debilitating to your life. Then again, you could get a Jury where they look at the other Attorney and say - gee we don't like him/her so we'll award her XXXXX amount of dollars, just because the other Attorney looked "mean". Yep, it happens that way at times, just ask Attorneys whom have gone to trial - and asked Jurors when they have had the chance - why did you go the way you did with this case - and they get these types of answers back - not that the person deserved the $$$ based on the case - but based on stupid things - like how another Attorney looks, behaves, etc. Same thing with an Arbitrator - whom is more difficult - because they are looking at things differently than a Jury would be.

So it's a crap-shoot in other words.

So what are you to do - let it play out in the Attorney's hands - as you really have no say in it at this point - it's in the negotiation stage now - you know that - and starting this thread and the other one - lead you here with all of this. You wanted some factual answers and now you may not like what you are getting in the way of feedback. But when reality bites, that's life. Many people go into a case with an Attorney that promises them the world, and they walk out with next to nothing - that is the real reality, unfortunately for most.

Yes, I'm blunt and I'm a straight shooter when it comes to information - and I don't sugar coat it - doesn't go down well that way as far as I'm concerned.
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Last edited by Piccaboo October 29, 2010 at 04:05 PM.
Joined Oct 2007
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> bubble2 4,980 Posts
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damsel.
10-29-2010 at 06:34 PM.
10-29-2010 at 06:34 PM.
Quote from Roland Deschain :
$93,473.27

do you have to pay taxes on settlements? cuz that would suck.
Quote from SDRebel :
still, that's a 50% loss Dontknow



OP will help you with that, I only handle the money



I believe you have to pay taxes on all income nod
Skimmed through the thread and not sure if this was posted, but any compensation for injury is not taxable. nod
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Joined Apr 2006
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> bubble2 41,588 Posts
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SDRebel
10-29-2010 at 07:12 PM.
10-29-2010 at 07:12 PM.
Quote from damsel. :
Skimmed through the thread and not sure if this was posted, but any compensation for injury is not taxable. nod
oh, I didn't know...I don't think anyone mentioned it
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Joined Jan 2004
Here's to the future
> bubble2 25,141 Posts
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Iaaaiws
10-29-2010 at 07:15 PM.
10-29-2010 at 07:15 PM.
Quote from damsel. :
...any compensation for injury is not taxable. nod
Barack's deal alert just went off.

Expect injury compensation to soon be taxable.
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> bubble2 9,429 Posts
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handyguy
10-30-2010 at 09:25 AM.
10-30-2010 at 09:25 AM.
Quote from damsel. :
Skimmed through the thread and not sure if this was posted, but any compensation for injury is not taxable. nod
Giving a lawyer 30% is enough. But you can dicker with them on how much a percent you want to give.
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> bubble2 4,980 Posts
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damsel.
10-30-2010 at 09:48 AM.
10-30-2010 at 09:48 AM.
Quote from SDRebel :
oh, I didn't know...I don't think anyone mentioned it
If it were compensation for "mental suffering" or lost wages, it would be taxable.

All income is subject to tax unless the tax law specifically excludes it. So you're kinda right about all income being taxable. Smilie
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Little Rhody !!!!!!!!!!!!
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patrossi2004
10-30-2010 at 11:53 AM.
10-30-2010 at 11:53 AM.
Quote from Piccaboo :
She has already signed an agreement with her Attorney as to what the conditions will be for "payout" - and as I stated he/she will take 1/3, plus costs, and from that remaining amount her outstanding medical bills will be paid - that have not been paid, and she gets the rest that is left. Unless she negotiated that ahead of time, which I highly doubt, it is too late now to change that factor - papers have already been signed from the very beginning. See it pays to read that book and know what is what, a lawyer friend of yours can tell you the inside scoop after the fact - but she is at the end stage negotiation now - where they have her medical bills - doctor's reports - and even with the fact that one now states permanent damage - they will most likely send her to "their own Ins. Co. Doctor" to refute that claim - and back to square one they are with their original amount - unless "her" attorney would like to take the case to Court for further damages. You are correct, the settlement amount she receives, what there is of it, is non-taxable. If you end up in Court, expect it to take years for it to be settled. If not Court, it would go to Arbitration, and that is not much better, so walk for us, let's hear that hip "click/pop". Prove it's permanent for us. I know someone whom went thru Arbitration, and ended up with $10k looking for a lot more, and after attorney's 1/3, and costs, yep, they ended up with about $3k.

You are not playing with the stacked deck you think you are - you never are when Automotive Ins. Co.'s are involved. Your Attorney better be a REAL SHARK handling this case!!!!
NONONO !!!!!!! Anyone AT anytime during a case can get another lawyer....NOTHING IS SET IN STONE...what happens is the lawyers ( no matter how many) split up the same 1/3 ...That contract with ANY LAWYER can be changed at ANYTIME !!!!!!

PLEASE have this person take up changing the agreement !! Or get a better lawyer...My lawyer even went down to 20% instead of the original 1/3 (after medical !!)
I engaged another law office... the first guy called me everyday for a week trying to get my case back....I gave it back after changing the rules to my liking !!!

If you don't fight for you ..nobody else will ..Not even your lawyer...90% of injury cases never go to trial...they just barter back and forth...
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Last edited by patrossi2004 October 30, 2010 at 11:55 AM.

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DNC
10-30-2010 at 02:04 PM.
10-30-2010 at 02:04 PM.
Quote from RefCache :

I have hair! I REPEAT I HAVE HAIR!!!!
Ear and nose hair don't count.
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Piccaboo
10-30-2010 at 04:26 PM.
10-30-2010 at 04:26 PM.
Quote from patrossi2004 :
NONONO !!!!!!! Anyone AT anytime during a case can get another lawyer....NOTHING IS SET IN STONE...what happens is the lawyers ( no matter how many) split up the same 1/3 ...That contract with ANY LAWYER can be changed at ANYTIME !!!!!!

PLEASE have this person take up changing the agreement !! Or get a better lawyer...My lawyer even went down to 20% instead of the original 1/3 (after medical !!)
I engaged another law office... the first guy called me everyday for a week trying to get my case back....I gave it back after changing the rules to my liking !!!

If you don't fight for you ..nobody else will ..Not even your lawyer...90% of injury cases never go to trial...they just barter back and forth...

It depends on the fine print of the document she signed - and she better read it over. Not every Lawyer's document reads the same way for cases such as this - and many read that there is a once we get beyond point of no return. She is in the negotiation stage at this time. The time to negotiate the fee was up front and/or leaving the Attorney early on - which most likely you did.

I agree - 90% of injury cases never go to trial - the "other attorney" doesn't want to take that chance on a Jury Trial - and even with Arbitration - as they never know how it will turn out for them. So going back and forth between the two Attorney's - until they reach a bottom line dollar figure is the normal process - but in the best interest of the client - hell NO !!!!

Quote from DNC :
Ear and nose hair don't count.
Does back hair count for him Yucky
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Last edited by Piccaboo October 30, 2010 at 04:27 PM.
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patrossi2004
10-31-2010 at 12:22 PM.
10-31-2010 at 12:22 PM.
I did not leave my case early ...the first law firm had been working for over a year on my case... I do agree that everyone should read any contract they sign

I must disagree about being bound to a lawyer...it would be both dishonest and illegal for any attorney to MAKE you keep them Heck you can change lawyers in the middle or even end of a murder case.... and the law in personal injury is they split the same 1/3 at the end if you win...if you lose they get nothing.....well nor does the client but....mine was a large case but it is the same for all and universal in the US.... I'll call my friend tomorrow at his office but I really am 99.9% sure
My case took over 2 years to settle case it was big money...but I learned a whole lot ...use the system to your advantage...otherwise most folks in the industry will use it against you
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handyguy
10-31-2010 at 02:29 PM.
10-31-2010 at 02:29 PM.
Quote from Peachyum :
Bigeye

I don't know about anyone else but if I ever need advice on medical injury claims, I'm going to Picca. nod
You want to hire someone that plagiarizes from
http://www.calculatorslive.com/Pe...lator.aspx ?
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Joined Sep 2006
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Just Peachy
10-31-2010 at 04:14 PM.
10-31-2010 at 04:14 PM.
Quote from handyguy :
You want to hire someone that plagiarizes from
http://www.calculatorslive.com/Personal-Injury-Claim-Calculator.aspx ?
Who said anything about hiring her? It's outrageous, egregious, preposterous. Stick Out Tongue But go to her for advice - woo betcha! Big Grin
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Piccaboo
10-31-2010 at 05:21 PM.
10-31-2010 at 05:21 PM.
Quote from handyguy :
You want to hire someone that plagiarizes from
http://www.calculatorslive.com/Pe...lator.aspx ?
Yes, I pulled it from there, rather than going to a book which I paid money for, and scanning pages to give you more factual information than that, which I could have done - but why should I give out information I paid for Doh

No one said this was the Podium and I had to supply a link, which I didn't, but I did supply correct information. Although there is a lot more than what I provided.
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Piccaboo
10-31-2010 at 05:38 PM.
10-31-2010 at 05:38 PM.
Quote from patrossi2004 :
I did not leave my case early ...the first law firm had been working for over a year on my case... I do agree that everyone should read any contract they sign

I must disagree about being bound to a lawyer...it would be both dishonest and illegal for any attorney to MAKE you keep them Heck you can change lawyers in the middle or even end of a murder case.... and the law in personal injury is they split the same 1/3 at the end if you win...if you lose they get nothing.....well nor does the client but....mine was a large case but it is the same for all and universal in the US.... I'll call my friend tomorrow at his office but I really am 99.9% sure
My case took over 2 years to settle case it was big money...but I learned a whole lot ...use the system to your advantage...otherwise most folks in the industry will use it against you
I will not go into details because I'm not so overconfident to discuss a case such as this online, which any attorney worth their law degree would be able to find this online - but let's just say - I know more than I'm willing to put in writing here Smilie

Two years is nothing and couldn't have been that big of money - if it was only two years - is all I'm saying - otherwise I'd comment more so - but certain things tell me to keep my mouth shut as should UTR until her case is settled.

If there is nothing that says she can't start with a new attorney - go for it - then a new attorney can request all the doctor's reports - pay for them all over again - as the first one did - review them all - begin the process all over again - basically starting from "scratch". She owes the other Attorney nothing - as he took it on the basis if he wins - he gets paid - if he doesn't he gets nothing - but there best not be some fine print in that paperwork she signed - as I've seen paperwork for vehicular accidents where there is - for a point of no return that clients have signed, and/or if they were smart crossed that portion out and said no to it, before signing said paperwork.

Anyone whom has been thru this process knows how it goes - and how hard it is on a person - especially if you "really are in pain" - "if you really do have debilitating injuries for life" - and it's not a game one wants to see dragged out any longer than necessary.

They don't split the 1/3 - that's where you have it incorrect - the attorney states on the form you sign that he will take a certain percentage if settled outside of court - it it goes to court the percentage can and may go up to X% as a result of going to court - otherwise the normal percentage is 1/3% of what you receive - PLUS COSTS - that is what people do not realize - COSTS - which I've already explained. Every doctor report ordered, every test result ordered, costs money - that is COSTS - every time you call your Attorney - that is COSTS - every time you fax your Attorney - that is COSTS - every call your Attorney makes on your behalf is COSTS - plus there is postage and a variety of other factors that are COSTS - which come out of YOUR 1/3 before you receive any of that. Ask an Attorney they will tell you this, I'm not full of it Smilie

Just my 4 cents - as my price went up with the economy being so bad right now - and I'm not discounting today Wink
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Piccaboo
10-31-2010 at 05:41 PM.
10-31-2010 at 05:41 PM.
Quote from Peachyum :
Who said anything about hiring her? It's outrageous, egregious, preposterous. Stick Out Tongue But go to her for advice - woo betcha! Big Grin
Thank you, and we would go over this book together, and I would give you a ton of advice - and actually let you scan or copy pages from it as well Smilie

I still want paid in Trader Joe's Chocolate Covered Pomegranate's Ranting
Oh, have the accident near the holidays, they carry them then nod
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