Hi.. last jan a lady didn't yield to cross traffic (me) & my car ran into hers. From jan-aug.09 I have been to the doctors 15 times (10 were for physical therapy). I had whiplash, severe hedaches & mental anguish. My total med bills are $3,700.00. What can I expect to get (or ask) for pain/suffering (general damages) ? My car was totalled & I got $1,650.00 (90 Tbird). If I went to small claims court would it be worth it ? The at fault ins co admits 100% fault. I live in ca.

You can realistically expect to get $3700.

If you want to go after some cash, find yourself an ambulence chaser and get their insurance company to settle.

From jan-aug.09 i have been to the doctors 15 times (10 were for physical therapy). I had whiplash, severe hedaches & mental anguish. My total med bills are $3,700.00. What can i expect to get (or ask) for pain/suffering (general damages) ?If i went to small claims court would it be worth it ? Hello p:

I think your claim is worth much more than you could get from small claims... I'd hire me the meanest ugliest ambulance chaser I could find.

excon

A attorney would get 40% of the settlement plus their processing fees (paperwork,etc). I was offered 3k for pain & suffering plus they pay the med bills. For me to get more then 3k the full settlement would have to be a min of 9-10k. That's highly unlikely.

Most attorneys get 1/3 of the settlement fee if they work on a contingency fee basis. Have you shopped around for attorneys? Or have you just been to one or two?

A attorney would get 40% of the settlement plus their processing fees (paperwork,etc). I was offered 3k for pain & suffering plus they pay the med bills.

What's more - 3k or 60% of 50k?

Of course that's what they offered you. You don't have a lawyer. That number will change significantly when you do.

I have talked to more then a few lawyers. They won't take the case due to the small amount of med bills & the injury. My injury is not permanent & attorneys mostly look out for themselves.

For me to get more then 3k the full settlement would have to be a min of 9-10k.

Why do you say this? You get what is owed to you... your medical bills and pain and suffering. If there is no permanent damage, then there is nothing to pay for in the future.

A attorney would get 40% of the settlement plus their processing fees (paperwork,etc). I was offered 3k for pain & suffering plus they pay the med bills.Hello again, p:

Couple things... Be a better lawyer shopper. You can find one who will charge a max of 33.3%. Plus, he'll do much BETTER in the offering department. That's WHY you're hiring him.

Or, maybe I don't understand what you're going for. This is the small claims board. Apparently you AREN'T happy with the offer, and you want to sue, in small claims court, for a couple grand more...

I don't think YOU understand what court is all about. No matter WHAT they offered you, if you fight it, they'll fight too. You may wind up with NOTHING. The settlement offer is NOT allowed to be brought up in court. The judge ISN'T going to know that they accepted liability. Frankly, you'll be risking the $3 grand they're offering, for a possible win of, what, maybe $2K more?

Those numbers don't add up to me. If you're going to sue 'em, sue 'em for as much money as you can.

excon

PS> (edited) Plus, as I consider things, the $3K they're offering, plus the $3,700 in medical bills is probably HIGHER than the small claims maximum, although I didn't check. Yes, you're going to have to sue for the medical bills too.

One question I have, as I used to work for insurance fraud attorneys... Did the other driver have insurance? If so, you need to be suing his insurance company rather than the driver. The insurance company has deeper pockets than you do... You need an attorney.

We have come to a agreement & I have backed out (changed mind) of the settlement 2xs already. I have not signed any papers yet. The at fault ins rep has not been to happy. Will my backing out mess things up for me ?

Will my backing out mess things up for me ?Hello again, p:

No. Who cares if they're happy anyway? Care if YOU'RE happy. YOU are the victim here. Screw them.

excon

One question I have, as I used to work for insurance fraud attorneys....Did the other driver have insurance? If so, you need to be suing his insurance company rather than the driver. The insurance company has deeper pockets than you do........You need an attorney.

Yes... the at fault lady had car insurance. I would have to sue the at fault people. I believe in ca I can't sue in small claims court for pain & suffering. Ill talk to a few more attorneys today.

If you aren't negotiating in good faith - making agreements and then backing out (refusing to sign) - yes, the insurance company will simply stop putting forth any effort.

My concern isn't the dollar amount. My concern - and I'm a liability investigator, 99.9% hired by the Plaintiff's Attorney - is that you are settling too soon. At this point you could have lasting/permanent damage or problems. Once you settle you are barred from taking any further/future action. Has a Doctor said there will be no more treatment, you are 100%.

In my opinion you should find an Attorney to at least discuss this with - I realize you don't want to pay them the percentage but I think if you handle this yourself you will settle for a lot less than what an Attorney can do for you, offsetting the percentage that Attorney would have charged.

Hello again, p:

No. Who cares if they're happy anyway? Care if YOU'RE happy. YOU are the victim here. Screw them.

excon

What I'm asking is by me changing my mind two times will it affect the settlement or lawsuit ? Twice he has sent me the agreement papers & I reniged. I believe I'm not legally binded by a verbal agreement... right ?

Hello again, p:

Ok, I looked it up. The MAX in small claims court in California is $7,500. So, if you take the $3K they offered, and add the $3,700 in medical bills, there's only $800 MORE dollars available to you, IF YOU SUED and prevailed, than you could get right now with just your signature...

Small claims court is OUT. Yes, you CAN sue for pain and suffering in small claims court. The ONLY difference is the limit of the award, and the fact that you can't have an attorney.

excon

What im asking is by me changing my mind two times will it affect the settlement or lawsuit ? Twice he has sent me the agreement papers & i reniged. I believe im not legally binded by a verbal agreement....right ?Hello again:

As I said before, settlement negotiations are NOT admissible in court. You are NOT bound by stuff you SAID. It CANNOT be brought up in court.

excon

What im asking is by me changing my mind two times will it affect the settlement or lawsuit ? Twice he has sent me the agreement papers & i reniged. I believe im not legally binded by a verbal agreement....right ?


Once the insurance company realizes that it has put forth time and effort and your word is not good (you agreed to a settlement twice and then refused to sign) they will use that argument against you. I think it will cast a shadow on the negotiations.

You are not legally bound by a verbal agreement in this case UNLESS the agreement was tape recorded and you consented. In that case, it can be enforced.

The claims rep did write me & ask me if I changed my mind about the agreement. I replied saying "why do you say that" ? He hasn't replied. I orig told him I can't prove my income cause I'm self employed but then after I agreed to the settlement a friend told me all I need is a signed statement from a employer. I deserve lost wages. The ins companies are something else.

The claims rep did write me & ask me if i changed my mind about the agreement. I replied back saying "why do you say that" ? He hasnt replied back. I orig told him i can't prove my income cause im self employed but then after i agreed to the settlement a friend told me all i need is a signed statement from a employer. I deserve lost wages. The ins companies are something else.


I'd stop playing games and retain an Attorney.

You came to an agreement twice and backed out both times and you think they are "something else"?

You need less advice from friends and more legal advice from an Attorney.

I think it will cast a shadow on the negotiations.Hello again, p:

Judy is right. YOU can't call them anymore... But, it won't negatively effect negotiations your lawyer will enter into with the insurance company. It's adversarial in the first place. Who cares who likes who?

The insurance company will settle because it will cost them less than it would to defend the suit. Personalities don't matter.

excon

Hello again, Judy:

I agree. HE can't call them anymore... But, I don't think it will negatively effect any negotiations his lawyer will enter into with the insurance company. It's adversarial in the first place. Who cares who likes who?

The insurance company will settle because it will cost them less than it would to defend the suit. Personalities don't matter.

excon



He doesn't have a Lawyer - he's doing this himself.

Agreed that personalities are not going to matter in the long run IF there is an Attorney involved.

Will the insurance company settle because it's less expensive than defending? I can't speak for California. I can speak for NY. Insurance companies are taking a stand. They have counsel on retainer. That counsel can either look out the window all day and read magazines OR work on cases. I've seen insurance companies take stances that I can't believe, particularly when I've done the investigation.

It's never about the injury. It's about the dollar amount.

If OP cannot prove lost wages he is not going to collect lost wages. No insurance company is going to simply "kick in" without proof.

Again - I can only speak for no fault and NY.

Hi Judy:

You're just toooooo fast for me... I changed it..

excon

In scc I would file separately for p&s & med bills but both would be heard at the same time. The at fault person is in her 70,s (husband also). They have had their ins co for many yrs. This was her first accident (mine also).

In scc i would file seperately for p&s & med bills but both would be heard at the same time. Hello again, p:

At the risk of being redundant, you want to sue for $800?? And, that's only if you win. That ain't a given.

excon

In scc i would file seperately for p&s & med bills but both would be heard at the same time. The at fault person is in her 70,s (husband also). They have had their ins co for many yrs. This was her first accident (mine also).



You can only file once for each claim - and this is one claim, caused by one accident.

The woman's driving history and age, how long they've had their insurance, mean nothing to the Court.

You say it was admittedly their fault - nothing else matters.

I still deserve more then 3k for p&s. This accident has changed my life. I had nightmares after the accident cause a few seconds later & I would have hit the passenger side door & most likely severely injured or killed the husband. I was looking at him as we collided. Afterwards he told me he has a pacemaker. I just don't know what to do. I may just break off contact with the ins company for awhile & weight my options.

I still deserve more then 3k for p&s. This accident has changed my life. I had nghtmares after the accident cause a few seconds later & i would of hit the passenger side door & most likely severly injured or killed the husband. I was looking at him as we collided. Afterwards he told me he has a pacemaker. I just dont know what to do. I may just break off contact with the ins company for awhile & weight my options.


Your options are: pursue this yourself. Retain an Attorney.

You have no other options.

What you do or do not deserve will be decided by the insurance company, Attorney and if all fails, the Court.

It's been my experience that the more you talk to the insurance company the more harm you do to your own case.

I still deserve more then 3k for p&s..... I may just break off contact with the ins company for awhile & weight my options.Hello again, p:

Please READ what we say. Nobody here is saying you DON'T deserve more. In fact, everybody here is in agreement that you need a lawyer to sue for what the claim is REALLY worth.

If what you said is true, I don't know WHY you're still talking to the insurance company. You don't really thing they're going to offer more NOW, do you?? Look. You negotiated the best that you could. You got an offer. Take it or sue (but NOT in small claims court).

excon

Not very long ago in ca a neighbor of mine got a 20k settlement. Her attorney fees were $7,762.00, med bills were 9,138.00 & she got $3,100.00 for p&s.

That was your neighbor. That isn't/wasn't you. Unless the neighbor had EXACTLY the same accident, same injuries, same insurance, same lost wages this is meaningless where your accident is concerned.

I really think it's time to close this thread. If you want to play Attorney, then do so but it's not fair to other people who have legitimate questions and time is being spent here going around and around with this same issue.

Not very long ago in ca a neighbor of mine got a 20k settlement. Her attorney fees were $7,762.00, med bills were 9,138.00 & she got $3,100.00 for p&s.Hello again, p:

So?? Ain't got NOTHING to do with you.

Dude, I know it's early in California, but call up some lawyers... This is a SLAM DUNK for them. There has got to be some lawyer out there willing to make a few bucks.

excon

Hello again, p:

So??? Ain't got NOTHING to do with you.

Dude, I know it's early in California, but call up some lawyers... This is a SLAM DUNK for them. There has got to be some lawyer out there willing to make a few bucks.

excon



Actually I think OP is a dude-ette.

And there are 1000's of case where there was no pain and suffering awarded also.

Thread closed