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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.
Hello p:Quote:
Originally Posted by panther196
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?
What's more - 3k or 60% of 50k?Quote:
Originally Posted by panther196
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.
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.Quote:
Originally Posted by panther196
Hello again, p:Quote:
Originally Posted by panther196
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 ?
Hello again, p:Quote:
Originally Posted by panther196
No. Who cares if they're happy anyway? Care if YOU'RE happy. YOU are the victim here. Screw them.
excon
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.Quote:
Originally Posted by J_9
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.
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 ?Quote:
Originally Posted by excon
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
Hello again:Quote:
Originally Posted by panther196
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
Quote:
Originally Posted by panther196
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.
Quote:
Originally Posted by panther196
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.
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