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Need some advice on a car wreck

Posted on 6/16/13 at 11:27 am
Posted by dallastiger55
Jennings, LA
Member since Jan 2010
27668 posts
Posted on 6/16/13 at 11:27 am
Wanted to best answers from the smartest people so I came to the money board instead of the OT. Lord knows I would never get an honest answer.


Here's the deal. Need some advice. My mother is 60 and in great health. Her and my dad were driving in a residential neighborhood Monday and a dog ran out into the street. The car in front of my parents stopped and so did my parents. About 5-6 seconds later bam a truck rammed into my parents from behind going about 35-40. Turns out it was a major corporate energy truck(one of either atmos, TXU, green mountain). No way he was paying attention and probably texting

Anyways its been 5 days and everyday it's gotten worse for my mom. Today she couldn't even get out of bed. Her neck and back is tingling and numb and she's in tears.

I feel so helpless and not sure what my advice is for them to do. They haven't signed anything but the company has been bending over for them about getting their car fixed.

What should she do in this situation and what should she tell the major energy company?

Thanks in advance
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69896 posts
Posted on 6/16/13 at 11:33 am to
This is one of the few times I would suggest getting an attorney who specializes in these types of cases. Don't let her sign anything, don't let her speak to the company on the phone or in person without having legal counsel present.


If you lawyer up, they'll likely get a settlement together quickly. In the meantime, take her to the doctor and get started on physical therapy and keep copies of everything.
Posted by dallastiger55
Jennings, LA
Member since Jan 2010
27668 posts
Posted on 6/16/13 at 11:34 am to
Thanks what I'm thinking too. I hate ambulance chasers as much as the next guy but sometimes there is a need.
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69896 posts
Posted on 6/16/13 at 11:40 am to
quote:

Thanks what I'm thinking too. I hate ambulance chasers as much as the next guy but sometimes there is a need.




Exactly, like I said, "one of the few times". Especially when we are talking about senior citizens. Be sure to be with them when they see the attorney.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26984 posts
Posted on 6/16/13 at 3:03 pm to
Ambulance chasing is illegal. Everyone bitches and moans about attorneys until they need one. The sooner you hire one, the better.
Posted by GenesChin
The Promise Land
Member since Feb 2012
37706 posts
Posted on 6/16/13 at 3:27 pm to
They will offer you a settlement that is generous enough to seem big but not as big as they will go. I know someone who was sued in this circumstance and the insurance company was more than willing to negotiate to avoid trial as long as you don't take them to the cleaners and get only what you deserve.



Posted by OTIS2
NoLA
Member since Jul 2008
50092 posts
Posted on 6/16/13 at 3:46 pm to
Get them to a doctor quickly if you haven't already done so. Then find a good attorney and let the lawyer handle all matters going forward.
Posted by Politiceaux
Member since Feb 2009
17654 posts
Posted on 6/16/13 at 4:29 pm to
Don't let some numbnuts attitude about "ambulance chasers" stop your mom from doing the right thing. The driver's company has a responsibility to put your mom back in the same position as she would have been if the wreck never happened.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48897 posts
Posted on 6/16/13 at 5:03 pm to
lawyer up
Posted by oldtimefootball
Winnfield La
Member since Feb 2013
434 posts
Posted on 6/16/13 at 6:17 pm to
If the company responsible for the wreck and
injury offers a decent and seemingly fair
settlement, wouldn't accepting that be better
than giving a law firm 40% for a slam dunk case?
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 6/16/13 at 6:45 pm to
quote:

If the company responsible for the wreck and injury offers a decent and seemingly fair settlement, wouldn't accepting that be better than giving a law firm 40% for a slam dunk case?


First don't settle anytime soon. You don't know the extent of your mothers injuries. Second, most attorneys charge less than 40% if a case is settled out of court. Third, you don't know what a decent and reasonable settlement is. An attorney that does this everyday does. Lastly, there are no slam dunks. There's always something that complicates a case. Lawyer up.
Posted by dallastiger55
Jennings, LA
Member since Jan 2010
27668 posts
Posted on 6/16/13 at 8:43 pm to
Thanks for the feedback. Wouldn't the lawyer just include their fees as part of the settlement or would she have to pay the fees?
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69896 posts
Posted on 6/16/13 at 8:46 pm to
quote:

Thanks for the feedback. Wouldn't the lawyer just include their fees as part of the settlement or would she have to pay the fees?



The competent lawyer would include the fees as part of the settlement.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 6/16/13 at 11:05 pm to
quote:

Be sure to be with them when they see the attorney.


The OP said she was 60, not senile.
Posted by Vols&Shaft83
Throbbing Member
Member since Dec 2012
69896 posts
Posted on 6/17/13 at 6:02 am to
Oh Fo shizzle, but it's always a good idea to have a second set of ears in the room.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26493 posts
Posted on 6/17/13 at 7:15 am to
quote:

First don't settle anytime soon. You don't know the extent of your mothers injuries. Second, most attorneys charge less than 40% if a case is settled out of court. Third, you don't know what a decent and reasonable settlement is. An attorney that does this everyday does. Lastly, there are no slam dunks. There's always something that complicates a case. Lawyer up.


Some of the best advice in this thread.
Posted by tirebiter
7K R&G chile land aka SF
Member since Oct 2006
9181 posts
Posted on 6/17/13 at 3:04 pm to
quote:

Especially when we are talking about senior citizens.


Wouldn't consider a 60 year old in excellent health pre-accident "senior", more like middle aged. To OP, good luck with your folks, from experience the after effects from being in an accident and resultant whiplash can be nasty. Evaluation/physical therapy is a good move.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 6/17/13 at 6:08 pm to
quote:

I hate ambulance chasers as much as the next guy but sometimes there is a need.


This for sure, but if your Mom or Dad has a lawyer, he/she will work at a cheaper rate.

Next time they call, tell them you are talking to a lawyer. At that point, they should not contact you at all.

Mean time, get as much help for your Mom. I was at a red light and a guy hit me in the arse. He was doing over 45 mph. Screwed up my neck big time and had to have a neck fusion done.

I didn't want to go after the guy. Some old dude in his late 70's. He had insurance. State Farm. Same as me and State farm didn't want to pay to fix anything. I was like WTF? After going thru hell with them, I had to get a lawyer. I sew the insurance for all med expense and lost pay and lawyer fees. Nothing else and walked away.
Posted by 756
Member since Sep 2004
14853 posts
Posted on 6/17/13 at 9:38 pm to
Call Ralph Fletcher ATTY if you are in BTR
Posted by Motorboat
At the camp
Member since Oct 2007
22666 posts
Posted on 6/18/13 at 9:39 am to
quote:

Some of the best advice in this thread.


well it is kind of what I do all day
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