How did you handle the pain and suffering from a car accident??

My car was totaled in CA!!
What do I do now?
I have missed 1000 hours of work and spend most of that time in Physical therapy.
What is the fair amount to get of pain and suffering?
Moreover is there a Max or calculation to use in the state of CA?
Iâm still in lot of pain and have trouble walking still, even a year later?
How long dose it take to get back to normal?
How do I handle pain suffering settlement?
What should I be doing to get well?
I need a lawyer?
What fair to pay them?
How do I find a good doctor and Lawyer in around Irvine, CA?
I have look into hiring a lawyer since day one! Plus talked all insurance compaies. I have 2 years to trurn all expences. I have already got money for my car. My heaklth insurance has been covering all my expenses, but they want thier money back! From someone!!
Howevr the All Lawyers I have talked to want over 30% of what they get including MED and pain payment.

So why would I want to give a lawyer 30% for doing nothing. Won't the lawyer suck up 30% of the total case, leaving me to pay for doctors, wiht my pain and suffering!!

This seams unfair!! I can see a lawyer getting 30% of the pain and suffering, but not of everything! The other stuff the insurance company is already going ot pay for without a lawyer, GET IT!!!

So what is fair to pay a lawyer, for doing nothing more than writing a letter and few phone calls?
What I'm trying find out isâ¦â¦ what is the max, and what is fair, and what is likely, to get from a car accident?

IF you know someone that knows forward this to them please!!

I have over $10K in Medical and another 10K for missed work, plus I'm still not back to 80% moreover, am still in pain 90% of the day and night, 18 months later. So that is that worth??

If you asked me itâs millions, but I was told $35,000 was the max the insurance company will cover. Which is all the lawyer will really go after, right??

The insurance is offering to pay out 35K now, what do I do!! I could hire a lawyer, but would I get any more! I think not!! Moreover I would net less; after the lawyer takes their 30% and expenses, right??

What should I do and how to do it?

Answer
Many questions/issues, but I have many answers!

1. Fair amount for "pain and suffering"? I can't really say, since you didn't tell us what injuries you sustained. The settlement for that will be based off of the specific injuries, not bills, not time off from work, etc. If you sprain your ankle and miss 3 weeks and spend $8000, that doesn't change the fact that you have a sprained ankle. You obviously are hurt worse than that, but the answer to this specific question relies too heavily on information we don't know.

2. There is no maximum you can claim. The insurer will NOT settle for more than their policy covers the other driver. Also, the insurer will not tell you what their limit is unless your injury obviously exceeds it. They will say something like "Our limits provide enough money to settle your claim" and leave it at that. If their policy limits are not sufficient, you can always make a claim for Underinsured Motorist on your own policy. Your rates will not go up. Also, be aware that in California, if you were determined to have any fault in the accident, even as little as 1%, your award will be reduced by that amount (you were 1% at fault, you collect 99% of your damages. You were 40% at fault, you get 60%, etc.)

3. The "pain and suffering" settlement will be part of your medical bills. You have a set amount of time to SETTLE your claim, 2 or 3 years in CA. If you have not settled by then, the only way to extend the window is to sue the other driver. When you settle your medical claim, they will have you sign a release that prevents you from suing the other driver or coming back to them for more money. Be sure to get it right the first time! They should cover 100% of your medical costs, 100% of your lost wages, and add in the "pain and suffering".

4. If you hire an attorney, be prepared to have them take 30-40% of your settlement. It's a big chunk, so make sure that your medical bills and lost wages are covered after they take their cut.

5. If you decide to get representation, hire an attorney that is experienced in personal injury. Good lawyers are busy lawyers. Busy lawyers don't usually have time to send you letters soliciting your business or spend a few days in a studio shooting a TV commercial. Good lawyers tend to advertise very little, because they don't need to. Their satisfied clients advertise for them. If you sign with an attorney, they will find a good MD for you to visit.