Occasionally though, I hear a case explained to me and I tell the client I disagree with what their lawyer is doing. This normally occurs when you have a lawyer who does a little bit of everything working on the personal injury case. Just this week I received a phone call from someone who said their lawyer wanted them to settle their daughter's personal injury case for $750. I asked why they were not filing a lawsuit and the mom said she didn't know. She told me her daughter still could not raise her arms above her head to put on a Tshirt. This was five months after the car accident. I basically told her that I didn't know why she was talking about settling since her daughter was still hurt. I told her that the car accident injuries sounded like a partial rotator cuff tear and that I would recommend seeing a shoulder doctor or orthopedist for an MRI. I told her it would be a terrible mistake to settle her daughter's personal injury case for that amount if she had a shoulder tear.
The mother then told me that she could not afford to go the doctor. When we discussed health insurance, she told me her daughter was covered but her other lawyer told her not to use her health insurance since it was a car accident. This was in my opinion terrible advice. I talked to her about health insurance subrogation after a car accident case settles. I talked about the reimbursement rates to health insurance and how it still benefits a personal injury claimant to use health insurance. The short answer is the only one that benefits from not using health insurance is the lawyers office and the hospital.
All in all, this call reminded me exactly why I give second opinions on car accident and personal injury cases. This client had received bad advice and needed help. I was glad to help her and her daughter and feel like they can get a much better result. No matter what we will know what is wrong with her daughter and what type of treatment she needs to get better.
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