If you are not happy with your lawyer, you can change your lawyer at anytime. There is no additional cost to you althought it may cause a slight delay in the case because the new lawyer need to find out and pickup from where the previous lawyer left off to make the transition happen. The overall total cost to you is still 33% in lawyer fee plus any medical and court related expenses ONLY after you win the case (there are different types of arrangements, I can explain... But usually 33% in NY). If you lose the case, you just walk away without paying any court related expeneses. That is why the lawyer fee is so high - because if you lose the case, the lawyer will lose everything invested in the case. That is also why you want to choose a reputable firm with the financial backing to invest in all the cases it takes in. When the case goes to court, the result is based on probability so there is no guarantee of outcome. If you hire a small law firm with only 1 lawyer (which operates with smaller capital and limited resources), the firm is more likely to accept unreasonable offers from the insurance company to avoid heavy court related fees such as court appearance for medical experts. For bigger law firms with strong financial backing, they are likely to go after every penny after weighting in all the risks. At the same time, the biggest law firms might not want to spend too much time and effort on average cases. For that reason, I recommend avoiding the smallest firms (and also avoid the huge firms like the ones with 50 lawyers covering all 50 states unless you have a really big case).
In NY, the typical arrangement is 33% in lawyer fee plus any expenses. There is very little room for negotiation unless you have a really good case (high in value). A good case is defined by injury (the severe the better, usually begins with bone fractures). But a good case can develope into a bad case depending on the insurance coverage and proof of liability -- especially true if you are suing in a "fault state" as oppose to a "no-fault state" like NY. Also notice death cases has little value because life itself has no value in the legal system. Most of the values are derived from pain&suffering, lost wages, etc. Good lawyers probably won't give discounts unless you have a good case. If you lose an arm, leg, or permanently disabled in a no-fault state like NY, you definitely should ask for 5% or even 10% discount in lawyer fee especially if you are young and have a good career. You can shop around but shouldn't just take the one with the highest discount. When negotiating with the law firm, make sure the lawyer fee is calculated after deducting the expenses. Say if the settlement is $500,000 and expense is $80,000. The lawyer fee should be 500,000 - 80,000 = 420,000 * 33% where you get 420,000 * 33%.
If you switch lawyers before the first lawyer files "Summon of Complaint", the first lawyer will get nothing. It's like you never signup with the previous lawyer before. If the first lawyer already filed "Summon of Complaint", typically that lawyer will get 1/3 of overall lawyer fee (which is 11%) where the new lawyer gets 2/3 (22%). Sometimes the previous and new lawyer will have special arrangements to make the transition smooth. All you need to know is, you can switch at anytime during the course of the lawsuit and you pay nothing if you don't win the case. If you win do, there will be 33% in lawyer fee paid to the current lawyer (the current lawyer will split the fee with previous lawyer if previous lawyer has done significant work for you). But all of these happen behind the scene and you don't need to worry about it. Also remember the 33% is on top of the court related expenses -- court appearances for medical expert are the most expense, ranging from $5000-$15000 a day.
Btw, did the lawyer said "it's useful or important" that the cop said he believed it's the other car's fault? Whatever the cop said to you at the scene is meaningless UNLESS he wrote it on the policy report. The cop isn't a witness. It might have some weight if he had it on the policy report and it also depends on how it's written. Whatever he said to you personally is irrelevant because he won't be able to remember or testify in court years later.
If you are not feeling well, you should go see a doctor. Sometimes symptoms of severe internal injury won't surface until days later. I assume your lawyer already told you that. In NY, you don't need to worry about medical bills because it's all covered by state no-fault insurance.
Disclaimer: I don't work for a law firm but I work them so I know how they operate. You can message me if you have questions or need recommendation.
你这种智商就不要留言了,语文及格过吗?
警察不能定责的,只能记录交通事故和当事人的口供
希望是如此!我也是这么推测的,这个逻辑性很清晰。我估计他绝对超速了,他不止45 mph,因为撞击力太大了,就是不知道有没有技术可以判断出来
是的,真的是无法避免的,我起步开的时候那部车都还没出现,我到了十字路口中间他横空出现撞上了我的右后部,我侧边又长眼,我哪里看得见那边有车飞冲出来呢
那部车当时就走了,没有留下来,等我反应过来出车祸了那部车应该早就走远了吧
警察应该要给你一张单子 上面有案件tracking#,几周后可以去警察局拿police report. 然后再跟自己保险公司或对方保险公司谈。你这个case最好交给律师 有很多律所可以免费咨询的 。
就是当时我车子很慢,大概10~15的车速走到中间的时候,右边飞来一辆车把我撞飞了,撞到了我的车子的右后部份。今天已经找过律师了,现在开始她全权代理,我不会跟任何方沟通了
警察可以判的吗?他们都说警察不可以判,而且我已经请了律师,如果是你朋友那样的情况的话,驾照过期没有保险,那对方应该更重罪吧?
对你的评论无语……
要有medical coverage 自己保险公司才会赔受伤看医生的钱,不是所有人都会买这个。当然如果对方全责就都会赔了。
对方的资料都在警察那一边,因为发生事故的时候警察就已经在场了,所以我没有机会去接触对方
但是我早上签了合同了耶……还有用吗?
那…就认了吧 你要是现在毁约 律师会按照进展程度的比率来收费。如果你的case只值9000左右不值得因为这个换律师。当时如果你觉得不舒服进医院各种检查 那case的价值就另算了 住院的话很有几率上几万。对方按最高保额赔那种。不过还是楼主身体最要紧
你说的对 我都是等对方停了 再开
对方确实可以这么说,但是按物理学常识来说,如果楼主抢先冲出去(那当时楼主车速肯定不慢,毕竟楼主车尾都到对方车头了),楼主车就不应该旋转180度,应该把对方车前保险杠带走,但是事实是楼主旋转180度,说明对方车的力要比楼主车的力大,也就是说对方车速比楼主车速高,如果从stop sign速度为0的情况下到路中间这么点距离能开出把别人车撞旋转180度的速度的话我相信只有超跑
谢谢楼主,我人没事,就是车他不认
如果你是被撞右后,你基本可以免责了
理应是这样,就是不知道对方会不会编故事
我也在纳闷我画的那么简单明了怎么大家都看不懂呢
只能说两边车速都不慢,不然不会像图里滑出去这么远再转180度,也可能lz被撞到右后胎惯性打了方向盘。这样对方也会借口他stop sign先走,lz冲出来,毕竟也没路人看到
并没有很远吧,单车道路十字路口很小,从十字路口中间(被撞车尾那楼主车肯定都过了中间了)到了对面stop sign线而已,不管楼主有没有控制方向盘和油门,车被撞掉头后惯性向后走一段也是有可能,你说的对方的借口根本不成立,就算楼主抢先冲出来,对方完全可以急刹车,即使不刹车以刚起步的速度也不会严重到造成楼主车转了180,能从起步到十字路口中间一段距离造成这么大的力使楼主车转180,要么对方超跑弹射起步要么对方冲stop sign,后者可能性比较大,因为楼主是看了右边没车才开出去的
他的report写的让保险公司用50-50 来判责了, 我同学也清了律师, 但律师看了警察report,告诉他 认栽. 只要你的工作够好, 人家警察都不敢开罚单,要是我们没保险+ 驾照过期, 分分钟n张罚单
天啊, 这么不公正的吗?
我朋友车直接报废了, 他买了新车以后第一件事情装行车记录仪,而且他是出生在美国,不存在由于英语表达有问题而导致理解错误. 听了他的事情,我也买了行车记录仪.
你的判断非常准确,也很公正,有一点,楼上说我可以是自己转的方向盘,这一点可以反击,因为我侧边的气囊全爆了,没有一定的冲击力气囊不会这么爆,我的车尾的bumper也松开了,对方的保险杠掉了。如果我是快的,是不是应该他的保险杠掉下来在物理上来说不合理?
谢谢推荐!赶紧去买
If you are not happy with your lawyer, you can change your lawyer at anytime. There is no additional cost to you althought it may cause a slight delay in the case because the new lawyer need to find out and pickup from where the previous lawyer left off to make the transition happen. The overall total cost to you is still 33% in lawyer fee plus any medical and court related expenses ONLY after you win the case (there are different types of arrangements, I can explain... But usually 33% in NY). If you lose the case, you just walk away without paying any court related expeneses. That is why the lawyer fee is so high - because if you lose the case, the lawyer will lose everything invested in the case. That is also why you want to choose a reputable firm with the financial backing to invest in all the cases it takes in. When the case goes to court, the result is based on probability so there is no guarantee of outcome. If you hire a small law firm with only 1 lawyer (which operates with smaller capital and limited resources), the firm is more likely to accept unreasonable offers from the insurance company to avoid heavy court related fees such as court appearance for medical experts. For bigger law firms with strong financial backing, they are likely to go after every penny after weighting in all the risks. At the same time, the biggest law firms might not want to spend too much time and effort on average cases. For that reason, I recommend avoiding the smallest firms (and also avoid the huge firms like the ones with 50 lawyers covering all 50 states unless you have a really big case).
In NY, the typical arrangement is 33% in lawyer fee plus any expenses. There is very little room for negotiation unless you have a really good case (high in value). A good case is defined by injury (the severe the better, usually begins with bone fractures). But a good case can develope into a bad case depending on the insurance coverage and proof of liability -- especially true if you are suing in a "fault state" as oppose to a "no-fault state" like NY. Also notice death cases has little value because life itself has no value in the legal system. Most of the values are derived from pain&suffering, lost wages, etc. Good lawyers probably won't give discounts unless you have a good case. If you lose an arm, leg, or permanently disabled in a no-fault state like NY, you definitely should ask for 5% or even 10% discount in lawyer fee especially if you are young and have a good career. You can shop around but shouldn't just take the one with the highest discount. When negotiating with the law firm, make sure the lawyer fee is calculated after deducting the expenses. Say if the settlement is $500,000 and expense is $80,000. The lawyer fee should be 500,000 - 80,000 = 420,000 * 33% where you get 420,000 * 33%.
If you switch lawyers before the first lawyer files "Summon of Complaint", the first lawyer will get nothing. It's like you never signup with the previous lawyer before. If the first lawyer already filed "Summon of Complaint", typically that lawyer will get 1/3 of overall lawyer fee (which is 11%) where the new lawyer gets 2/3 (22%). Sometimes the previous and new lawyer will have special arrangements to make the transition smooth. All you need to know is, you can switch at anytime during the course of the lawsuit and you pay nothing if you don't win the case. If you win do, there will be 33% in lawyer fee paid to the current lawyer (the current lawyer will split the fee with previous lawyer if previous lawyer has done significant work for you). But all of these happen behind the scene and you don't need to worry about it. Also remember the 33% is on top of the court related expenses -- court appearances for medical expert are the most expense, ranging from $5000-$15000 a day.
Btw, did the lawyer said "it's useful or important" that the cop said he believed it's the other car's fault? Whatever the cop said to you at the scene is meaningless UNLESS he wrote it on the policy report. The cop isn't a witness. It might have some weight if he had it on the policy report and it also depends on how it's written. Whatever he said to you personally is irrelevant because he won't be able to remember or testify in court years later.
If you are not feeling well, you should go see a doctor. Sometimes symptoms of severe internal injury won't surface until days later. I assume your lawyer already told you that. In NY, you don't need to worry about medical bills because it's all covered by state no-fault insurance.
Disclaimer:
I don't work for a law firm but I work them so I know how they operate. You can message me if you have questions or need recommendation.
是的,如果对方是受力的一方那应该是你带走了对方的前保险杠,而不是被撞得转向,这很明显对方才是施力的一方,而且绝对是stop sign没停车才造成对你的车这么大的力,所以我说事实摆在眼前,对方有可能撒谎但是不可能在发生事故后短时间内撒一个完美的谎,即使真让对方撒出一个完美的谎把锅都全甩你身上,警察和保险公司要是有点物理常识都能根据事故现场判断谁对谁错,已经发生的就是事实,不是一个谎言就能改变(当然排除对方请个大牛律师扭转乾坤[手动狗头])
这楼回的很详细 信息也跟我之前的观点大部分吻合。强烈建议楼主看看当参考。先问你的律师file了summons没,之后都是后话了