[bethrennie]

I was a passenger in a car wreck in FL in Sep. 2007. Our rented car was T-Boned. I suffered nerve damage to my shoulder and sever migraines that hospitalized me for 4 days in Dec. as a result of hitting my head on the window. The accident happened in FL however I live in GA. I was treated for the shoulder injury and Migraines until Sep. of 2008 when they would not treat me any longer because I became pregnant and the medications that did help were not good for the baby. The total of my med. Bills were $50,000. I had loss of work, travel to and from treatment, and medication co-pays (not sure of the total of all that). At first I was still in a lot of pain but since I could not be treated I decided to settle. I have since lost my baby (not related to the accident), but the pain has gotten better, so I'm continuing on the road to a settlement. We were in a rented car that was brand new and her car was not quite a year old. The property damages were $7000 + for our car, and $8000 + for hers. I have had a lawyer since the first week of all this. She had $50,000 in personal Injury coverage, but both my dad (driver) and I (passenger) have uninsured/underinsured motorist coverage which my lawyer said they may have to use. What would be a fair settlement for all this? My lawyer is really not giving me an indication.

[JudyKayTee]

I was a passenger in a car wreck in FL in Sep. 2007. Our rented car was T-Boned. I suffered nerve damage to my shoulder and sever migraines that hospitalized me for 4 days in Dec. as a result of hitting my head on the window. The accident happened in FL however I live in GA. I was treated for the shoulder injury and Migraines until Sep. of 2008 when they would not treat me any longer because I became pregnant and the medications that did help were not good for the baby. The total of my med. bills were $50,000. I had loss of work, travel to and from treatment, and medication co-pays (not sure of the total of all that). At first I was still in a lot of pain but since I could not be treated I decided to settle. I have since lost my baby (not related to the accident), but the pain has gotten better, so I'm continuing on the road to a settlement. We were in a rented car that was brand new and her car was not quite a year old. The property damages were $7000 + for our car, and $8000 + for hers. I have had a lawyer since the first week of all this. She had $50,000 in personal Injury coverage, but both my dad (driver) and I (passenger) have uninsured/underinsured motorist coverage which my lawyer said they may have to use. What would be a fair settlement for all this? My lawyer is really not giving me an indication.

This question is posted very often - there is no rule of thumb. A lot depends on a lot of factors, if the injuries are permanent, the length of medical treatment and the all time big factor - the amount of insurance available.

You are paying an Attorney one way or the other (up front for advice or he/she is representing you on contingency). Demand an answer to your question. That Attorney knows what is going on far better than anyone here.

There was a folk tale that the settlement is 3 times the amount of the medical bills but that is not true.

You posted this under criminal law - was anyone charged for the accident? That can make a difference, too.

[Justwantfair]

Your attorney isn't at a point to determine your "fair settlement" or I would assume they would, the response you get online will not determine all of the factors... biggest factor is not what can you be awarded, but what can you collect, unless they have come back with an offer, your case isn't close to being settled, but it won't be settled for less than you can get (unless your attorney is horrible).

[bethrennie]

Yes she was sited for recless driving. They (her insurance company) have until Dec 24th to give 1st offer.

[Justwantfair]

Well than you will have to wait and see what the offer is, your attorney will know if it's fair.

Most settlements don't make it to trial and than by the time they do every additional penny you get in settlement mostly goes to attorney fees and expenses.

Wait and see what they offer, your attorney should then weigh out your options with you so that you can make a determination of whether you want it to go further.

[JudyKayTee]

Your attorney isn't at a point to determine your "fair settlement" or I would assume they would, the response you get online will not determine all of the factors... biggest factor is not what can you be awarded, but what can you collect, unless they have come back with an offer, your case isn't close to being settled, but it won't be settled for less than you can get (unless your attorney is horrible).

You do understand that the other party had insurance and the OP has underinsured, also?

Attorneys aren't interested in fair settlements. Attorneys doing their jobs try to collect as much as they possibly can on behalf of their clients. Fair does not enter into it.

What do you mean by "it won't be settled for less than you can get" - you don't really know what a case is worth a totally disinterested party (such as a Judge and/or jury) makes that determination. That's why you pay an Attorney - the Attorney weighs all the options, all the expenses, all the expert testimony, the climate in that particular Court, how much the insurance company has set aside for this particular accident, fault and then makes a recommendation.

[JudyKayTee]

Well than you will have to wait and see what the offer is, your attorney will know if it's fair.

Most settlements don't make it to trial and than by the time they do every additional penny you get in settlement mostly goes to attorney fees and expenses.

Wait and see what they offer, your attorney should then weigh out your options with you so that you can make a determination of whether you want it to go further.

OK, you've confused me again - if it's a settlement it will never go to trial. That's the purpose of a settlement - to avoid trial.

There is more to this than the offer - there is also the underinsured motorist coverage. There are many factors to be weighed.

[Justwantfair]

You do understand that the other party had insurance and the OP has underinsured, also?

Attorneys aren't interested in fair settlements. Attorneys doing their jobs try to collect as much as they possibly can on behalf of their clients. Fair does not enter into it.

What do you mean by "it won't be settled for less than you can get" - you don't really know what a case is worth a totally disinterested party (such as a Judge and/or jury) makes that determination. That's why you pay an Attorney - the Attorney weighs all the options, all the expenses, all the expert testimony, the climate in that particular Court, how much the insurance company has set aside for this particular accident, fault and then makes a recommendation.

Yes I understand the situation, I am trying to let her know that her personal injury attorney is going to have all of the options and best possible scenerios for settlement.

If an attorney is collecting as much as they possibly can for their client that is as fair as it can be.

I believe that "it won't be settled for less than you can get" is what I was referring to when I spoke of exactly the same thing, it is an attorney job to weigh settlement v. trial verdict speculation and all expenses to determine which is the most worthwhile on the behalf of the client. But there are many factors to determine that and with all of the information that the client can provide here, we could never adequately determine how much her settlement should be.

[Justwantfair]

OK, you've confused me again - if it's a settlement it will never go to trial. That's the purpose of a settlement - to avoid trial.

There is more to this than the offer - there is also the underinsured motorist coverage. There are many factors to be weighed.

You are correct I spoke out of term using settlement instead of trial verdict.

[bethrennie]

The number I have in my head is for me to personaly get $25,000 after Dr. bills and lawyers are paid. Is that an unrealitstic amount or would I be selling myself short if I took something like that given the cercomstances I've described?

[JudyKayTee]

You are correct I spoke out of term using settlement instead of trial verdict.

Not a problem - I wasn't correcting you but was more interested that the OP have the correct "lingo" if and when she goes in to speak to the Attorney. It was pretty apparent that you knew what you were talking about.

[JudyKayTee]

The number I have in my head is for me to personaly get $25,000 after Dr. bills and lawyers are paid. Is that an unrealitstic amount or would I be selling myself short if I took something like that given the cercomstances I've described?

It is impossible for anyone to know the "value" of your injuries without reviewing all of the medical documentation - loss, permanency, other unpaid expenses. This seems short to me but, again, that's a knee jerk reaction with absolutely no knowledge of the many factors to be considered.

And is the $25,000 before or after your Attorney takes his/her percentage?

Again - this is a decision for your Attorney to make.

[Justwantfair]

Again - this is a decision for your Attorney to make.

There isn't anyway for us to determain a "fair" amount to ask for in Personal Injury cases sometimes what is "fair" isn't received for numerous factors. You will have a lot more options on the 1st and you will have to make a decision then when you know all of the factors.

Your attorney should sit down with you and weigh all of the factors. Sometimes what is fair is over and beyond the coverage of the insurance carrier, but you will also have to weigh the likelihood of collecting as well as receiving what is "fair". Hopefully you will have a better understanding of your alternatives after the 1st.