serious accident

craigdurkee said:

i have just had a serious accident and was wondering if any of you have had to claim against a motorist for being run over

i have a erious shoulder injury should take 6 weeks to heal?????

will i get compensation?????

how do i go about it

Did you get the driver's/vehicle's information? Did you file a police report?

You need to call a law office and have them direct you toward the best form of representation for your case.

However, I would advise being ready for the worst case senario. You lose and then have to pay for not only the lawyer fees, but court costs, too.

-GN

craigdurkee said:

i have just had a serious accident and was wondering if any of you have had to claim against a motorist for being run over

i have a erious shoulder injury should take 6 weeks to heal?????

will i get compensation?????

how do i go about it

Also be prepared to give 30-40% of any compensation to your friendly lawyer. Also realize that he/she may bill their legal fees out of your remaining 60-70%.

Good luck😎

craigdurkee said:

i have just had a serious accident and was wondering if any of you have had to claim against a motorist for being run over

i have a erious shoulder injury should take 6 weeks to heal?????

will i get compensation?????

how do i go about it

Don't be scared of talking to a lawyer. Just realize that lawyers are all about money - if they think they can get enough to make it worth your while they'll take your case. They'll give you a free consult and if they take your case they'll generally get 1/3 so you'll come out much better than if you tried to do something on your own. They'll need to show financial damages, like medical bills, lost wages, and the like and they'll have to know the motorist has the ability to pay (insurance). Whoever paid for your medical bills will get their money back out of your settlement. It'll all be handled with a few letters and phone calls, you won't be tying up the court system. It's the way things are done, and it's reasonably effective.

Look one up in the phone book, see if one of their ads says something about cyclists, and give them a call. Happened to me 21 years ago - broken shoulder blade. I wound up getting a $21k settlement ($14k for me).

craigdurkee said:

i have just had a serious accident and was wondering if any of you have had to claim against a motorist for being run over

i have a erious shoulder injury should take 6 weeks to heal?????

will i get compensation?????

how do i go about it

You need a "personal injury" lawyer ... they are the most common type ... if there are any in your area that advertise on billboards and/or TV, then don't be afraid to go to him/her ... his/her firm undoubtedly has the most experience ambulance chasing. Don't be put off by how sleazy you may have thought s/he was in the past when you saw their adverts!

They ALL take about (but, not more than) 1/3rd of the gross amount -- medical hospital costs, lost wages (if you are in school, and lose a semester OR have to drop classes, then the lost tuition should be accounted for) AND current & future pain-and-suffering (this may be a sum greater than the tangible expenses) + the cost of a replacement bike ... the NET amount should exceed your out of pocket costs & lost wages.

The lawyer will ask you if a particular settlement is "okay" with you ... you do not have to agree to a particular amount that is offered by the OTHER side's insurance ... a good (i.e., experienced) lawyer will be candid in advising you as to how much you can expect to get ...

The so-called consultation is FREE ... there is no retainer on personal injury cases. They want your business ... they don't make money unless you use them AND you agree to the figure offered to you. If you are really turned off by a particular lawyer and have others in your town, then consult with them ... ASK THEM IF THEY HAVE HANDLED SIMILAR CASES (e.g., motorcycle injuries are a good parallel situation).

Good luck!

Quoted post said:

They ALL take about (but, not more than) 1/3rd of the gross amount

Not true. If a settlement occurs, then this is an accurate statement. However, if you go to court (and yes sometimes insurance actually doesn't settle) the fee is more like 40%. Depending on the lawyer, they may actually bill the court costs and all of their billable hours and expert witness costs out of YOUR remaining 60%. If you were to lose the case (it sometimes happens), your lawyer may go after you for expenses unless you have absolutely no assets.

I am presenting worst case scenarios, and if you really feel as though you have a case, by all means discuss it with an attorney. Just be aware that there are some risks. A co-worker of mine went thru a much more serious car accident involving a truck, and it went to court. She won, but her lawyer told her that she would be on the hook for legal costs if they lost. It could be nerve-racking.

If your injuries are serious... consider it. If they are not, forget about it.😎

interesting situation. Anything like this you need to get the driver's information. License and insurance, their phone number. Yeah a police report would help depending upon the city or town. Some insurance companies don't care about stuff like that.
I can't believe a lawyer gets that much money in a case.

You should have filed a police report at the time of the accident if possible. Yes, you should be paid the expenses you will incur for your treatment. Hope you have the details of the motorist written.