Update & a few ?'s for the VRCC family.

[Mr Whiskey]

Howdy y'all! Jus' wanted to let ya know we have both seen our family doc & we are healing.
Sugar's still too sore to get up & down on her own but doc says that's to be expected. Said it would probably be 6+ weeks before she could consider going back to work. He wrote her some more meds for the pain, told her to keep takin' it real slow, see him again in 2 weeks. The road rash on her face is lookin' alot better, don't think it's gonna scar. Broke big toe is improving, she says it doesn't hurt too bad, color is improving. (Apple cider vinegar & hot water 50/50 as hot as you can stand it will really free up broke toes & fingers, trust me.)
I've got a second week off work. Doc wants to get the stitches outta both my elbows this Fri. before he will release me back to work. Someone turned me on to a skin cream called "Eucerin" (the cream, not the lotion) for our road rash & I'm tellin' ya, this stuff is the bomb! Both my forearms & elbows look like hamburger but even with the scabs I've got full range of motion & very little pain.
We're gettin' better, (I call it resting uncomfortably).

My questions; Anybody got any pic's of this accident? Duffy maybe? (My camera got toast in the crash or I woulda been shootin' from the moment Sugar left.)
Anybody got suggestions on weather or not I should hire a lawyer? I've never been in an accident this bad & never had to file a claim before. This is uncharted territory for me & I'm jus' wonderin' what some of the others here have experienced.
'Preciate any advice.
Thanks all for the prayers, they really do work!
Peace, Whiskey & Sugar.

[9Ball]

lawyer up...

and heal quickly...

[Skinhead]

I'm sure Jess or Oss are more qualified to answer your question concerning an attorney, but my gut feeling is yes you should look into it.  You have suffered substantial loss and pain and suffering through no fault of yours.  Please keep the updates coming, and also let us know if you need anything.  I'll do all I can to help you out.  Do you know how Sam is fairing?

[Mr Whiskey]

I'm sure Jess or Oss are more qualified to answer your question concerning an attorney, but my gut feeling is yes you should look into it.  You have suffered substantial loss and pain and suffering through no fault of yours.  Please keep the updates coming, and also let us know if you need anything.  I'll do all I can to help you out.  Do you know how Sam is fairing?

Spoke to Sam couple of days ago. He said he might hafta have some surgery on the other shoulder.
Seems the crash has aggravated some previous injury pretty bad. I hope he's healin quick & well!
Thanks Brother!
Peace, Whiskey.

[fudgie]

Lawyer for me is a tough call. If his ins pays for your medical and a new scoot thats pretty good. I guess you could go after lost wages tho.

[Oss]

Y E S

interview a few lawyers

keep a logbook of your daily events

doctor visits etc
what hurts etc

take pics of you and sugar and print and date them put them in a folder  Take them once a week or whenever you have something ugly take more

keep receipts for meds

keep the used containers for the meds

You are going to war

Prepare like it

[Hooter]

 Glad you and the bride are coming along!    As for the attorney, that is something you are going to have to search your sole for. You can sue for anything but is it something you both really want to do? I'm sure it wasn't intentional, but neglegent? You need all the information you can get before you go to an attorney for advisement. Accident report, witness statements, pics of injury /  hospital reports - etc. This information can also be obtained by an attorney should you pursue a lawsuit. You have time so heal, then make up your mind as to what you want to do. Set down and discuss it fully with your wife.  
 

[KY,Dave (AKA Misunderstood)]

GOOD ADVICE from Evan there ^^^^^^^ Keep healing and give my best to the wife.

[See what happens Larry]

So glad you are both on the mend.

Larry and Two Bottles

[donaldcc]

Y E S

interview a few lawyers

keep a logbook of your daily events

doctor visits etc
what hurts etc

take pics of you and sugar and print and date them put them in a folder  Take them once a week or whenever you have something ugly take more

keep receipts for meds

keep the used containers for the meds

You are going to war

Prepare like it

[donaldcc]

. . .

  You can sue for anything but is it something you both really want to do? I'm sure it wasn't intentional, but neglegent?    

  And that is exactly what the vast majority of personal injury cases are.  Someone is injured because of the negligent actions of another.  That is why we get insurance.  And check the UM/UIM limits on your own policy.

[JimmyG]

Happy to hear you and Sugar are healing well. Take it slow and easy, let your body tell you what to do and not to do. Hope to see ya'll soon

[Thunderbolt]

Thanks for the update and that you both are coming along well.  Hope you both heal back to 100%.

[robin]

Sounds good Whiskey heal up both of ya and get a lawyer like Oss said document everything.

[Flrider]

Glad to hear you are both on your way back to full recovery.
Like many have said before, take your time 

Oh yeah, I do know first hand that 50/50 vinegar and water as hot as you can take it.
It also works for bruises if you do hot compresses, specially a night before you go to sleep, you will wake up feeling a lot better and the bruises will go away as well.

Keep us updated on your progress.

God bless

[Michael K (Az.)]

Y E S

interview a few lawyers

keep a logbook of your daily events

doctor visits etc
what hurts etc

take pics of you and sugar and print and date them put them in a folder  Take them once a week or whenever you have something ugly take more

keep receipts for meds

keep the used containers for the meds

You are going to war

Prepare like it

[Jess from VA]

If you were sitting in my office I would be asking you about your personal injuries (health ins) and bike damages (bike ins).  I would be asking if all your losses are covered, medical, scripts, bike damages, deductibles (bike or health), towing, time lost from work (sick or annual leave used?).  I would be asking if drs have said either of you will have any permanent residual disability from the accident.  I would be asking if you have a good point of contact with your health and bike ins companies, and if either (or you) are in contact with the perpetrator's insurance co, and how that is going.  

If all your losses are being covered to your satisfaction, you may not need representation.  If you hire a personal injury (PI) attorney (generally to secure damages beyond what is being covered) they will usually take the case on a contingent basis.... all costs off the top, then 1/3 goes to them and 2/3 to you, or thereabouts (but no fee at all unless you win, something).

But if you do not have a PI case (or one a PI attorney is interested in), to be taken on a contingent fee basis, then counsel will quote you a straight fee for service fee agreement (retainer agreement, which should be in writing).  That bill must be paid regardless of the outcome of any work they perform or claims paid to you/them.  In that case, you must decide on a cost benefit analysis, if private counsel is worth the cost. (generally a down payment of $X against an hourly rate, plus costs, including each time you call them on the phone)

I never charged for a consultation (unless I had to spend money to get information).  At the end of a consult, I would tell you what I could do for you, what was nearly certain, what was uncertain, propose a plan of action, and only then tell you what it would cost to proceed.  Some (many?) charge for consultations.  I never liked to charge people to tell them they had no case, or a case so fraught with problems (more often than not the client himself) I was not interested in taking it.  

There is nothing to lose to get a no-fee consultation with an attorney, or two or three.  The better prepared you are with police report, information, repair estimates, and prior dealing with ins companies, the better able they will be to asses any case you may have. (Here, Evan's advice on keeping a chronological log book/file with all info, pics, all phone calls documented, etc, is excellent advice.) It may be worth a (reasonable) consultation fee to have a sit down with counsel, or it may not be.  It may be worth hiring private counsel to help you with your clams, or it may not be.

You should be in touch with your insurers (get a good single point of contact, not just whoever answers the phone) and push them along to get the coverage and benefits you want.  You should treat them politely and professionally as your agents..... but always understand they work for the company, not you or your own personal interests.  Try not to take an adversarial position with them (for as long as you can), and understand if you hire counsel and tell them, they may stop talking with you entirely (which can REALLY slow things down).  Yes, the perpetrator and his insurance is the primary target, but your insurers can also become targets, and they are well aware of it. Document all calls or contacts while immediately fresh in your memory.

If the perpetrator's ins co offers you sum certain to settle all your claims, do not agree immediately.  Be sure it is a fair and good offer, and here is when you may want a consultation.  Once you take the money and sign you will be barred from bringing any more claims, even those you may have been unaware of.

Without more information my advice can only be generic.  Also, I never practiced PI law.  If you want to talk about this more, PM me with a number and I'll call you.  

[cookiedough]

good advice from Jess.  Just don't sign ANYTHING NO WAY, NO HOW ever right away until several months down the road to make darn 110% sure you are fully healed.

If their insurance or your insurance company is worth a darn,  pain and suffering should also be included into the settlement and you won't know all of that until almost fully healed.  I'd be fair say in the 1,000's for that, but don't sign anything period.  Trust me, their insurance will be calling you up and up and up again and again to try to get you to settle and sign off, do NOT do it.

[Willow]

Then again you have to ask yourself whether your intention is to just get your expenses paid by the responsible party or whether you're looking for the opportunity to legally rob someone of as much as possible without having to use a gun.

Life happens.

I do think having a conversation with a good attorney is adviseable. I'd not have him become involved unless it appears to be necessary.  I lost some money a few years back by following the advice of an attorney who didn't have the same target as mine.


BTW, it's good to hear that you're both coming along in the healing process (mental is as important as physical).   

[T-Bird]

I'm glad to hear your both doing well.
I couldn't imagine the feeling of helplessness you felt that day seeing your wife being air-lifted away.
I hope you get compensated for " all pain & suffering" as well as the material things.
In my book you are "NOT" robbing anyone...the insurance companies are the ones robbing us every day.

[donaldcc]

. . .
In my book you are "NOT" robbing anyone...the insurance companies are the ones robbing us every day.

  I agree.  You are trying to get an insurer to pay for what they have a legal obligation to reimburse.  Frequently, however, they fight it tooth and nail.