Most PI lawyers work on a contingency basis - for automobile injuries, it's 33% of any recovery prior to trial, and 40% if it actually goes to a trial. You don't pay anything if you don't collect.

So, while I COULD hire a lawyer for the PD part of this, they'd take 1/3 of any settlement (including what I've already negotiated). I had very good documentation for everything that's damaged, so the property damage settlement is fair and reasonable.

The PI part of this (which is completely separate) is a very different matter. The things that I can claim include actual doctor bills, transportation to and from medical appointments, lost work time, lost wages (e.g., if I have to take PTO or time off work to recover from/take care of the injuries), inconvenience of not being able to bike, 'pain and suffering' (which includes how many sleepless nights I've had, my - continuing- pain in my ribs, inconvenience to my wife and kids, pain of rehab and PT, etc. - PLUS - my wife and kids are up in Canada for 2 1/2 weeks, and I have to hang around here to do PT).

My car insurance pays my medical bills up front, but they will subrogate that to his insurance company. Same thing goes for things that hit my health insurance - they'll send it to my ins. co, then they'll send it to his. They'll end up paying for the medical bills, but my car insurance does it up front as part of the policy. From what I've heard, once my doctor 'clears' me, his ins. co. will make an offer to settle, which will be a multiple of the medical bills. I'll compare that with what I'm likely to get from a suit, * the likelihood of winning - the attorney's contingency fee......and also take into account how much hassle it is.

Unless their PI offer is generous and I feel that I've been 'made whole', I'll file suit. Even if he doesn't get the ticket, I've got a very good case.


,,,,,and I can't wait until the new bike comes in. I'm very frustrated with not being able to commute, and it's definitely showing on the stress levels around the house.