Thursday, January 06, 2005

The Mind of a Lawyer...

It seems that a disproportional amount of bloggers are lawyers or aspiring lawyers...and I need to pick your brains...

I have mentioned briefly that The Man was in a bad accident in May of 2003. He was stopped at a red light en route to New Jersey and was hit by an 18-wheeler --the driver never even touched his breaks. The Man and AB's fiancé broke out the back windshield with their heads upon impact -slammed into the car in front of them at which time the seat of the truck disconnected from the impact and they slammed into the front dash. The hit was so hard that the radio actually came completely out of the dashboard. The truck (luckily) had a steel lift-gate on the back and the State Trooper said it most likely saved their lives as the bed of the truck was buckled. The driver of the 18-wheelers response? "F***, I'm havin' a bad day..."

The Man and I are not litigious people. Neither of us have ever filed a law suit (even when we have been stiffed big time in our business)...but this time we hired a lawyer right away. The lawyer comes highly recommended and is not some ambulance chaser from a TV ad. The Man sustained terrible damage to his knees and at the last MRI the Orthopod remarked, "I am surprised that you are walking, let alone working." As he will require two reconstructive knee surgeries, and I am a stay-at-home mom, he has yet to have the surgery almost two years later. We can not afford for him to take off the required 8-10 week recovery time.

Does the lawyer care? It certainly doesn't seem that way. I call him a lot and remind him what pain The Man is in. I have told him repeatedly that we are not looking to get rich from this --that we need the settlement for the surgery and to pay some things off that accumulated due to the accident (like the new $40K truck we had to buy). Lately I am getting the feeling that the worse it gets for us the happier he is. Maybe if The Man is in a wheel chair and we are living in a box it will look better for the case and we will get more money (translation: He will get more money). He has turned down two offers -which in all fairness did seem too small, but I want him to counter offer and he hasn't. It seems clear to me that he wants this to go to a jury, but that could take years.

Do we switch lawyers this late in the game or will they all be the same because they all want to get the maximum amount of money? (He is taking 30% -which I hear is good for an accident case)... And, we signed a contract with him, but I hear of people switching lawyers all the time. I feel so frustrated because I have no experience with this -and with lawyers in general...
Any thoughts?

On a lighter note...Philly is no longer the fattest city (according to the new Men's Fitness list)...we have moved to number TWO...LOL...Damn those cheesesteaks and Tasty Kakes... (Houston is #1)

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