[dontknownuthin]

A man was blinded by the sun while trying to turn left out of a gas station onto a rural state highway. He decided to 'go for it', he said, though he couldn't see. In so doing, he drove straight into the side of my car, hard. Damage to my car is considerable but it us not likely to be totalled as the car is a 2013.

I immediately had a sore neck and back and a headache. By the next day both were worse and my shoulder and knee were also hurting. I work for a lawyer who insisted I retain someone, so I did (not my firm - not our specialty).

My question is what kind of settlement amount might be available above and beyond medical bills and car repair. As I am not seriously injured, how will my attorney make any money on this?

I should add - his insurance accepted full liability and he was ticketed.

[ScottGem]

Assuming your attorney took the case on contingency, he will take about 1/3 of whatever settlement you get. This should have been negotiated when you retained him. So any settlement offered needs to cover all your costs.

And yes, since you were in the roadway and he was pulling out from a driveway he would be at fault for failure to yield.

[dontknownuthin]

He did explain that. He told me that my medical and vehicle damage will be paid directly at 100%. I would think, since he's a downtown Chicago attorney, he'd likely not want a case where he'd make less than maybe $3,000. Is it realistic to get additional damages of say, $9,000 for pain and suffering or negligence or whatnot? My lawyer told me there will be a settlement above and beyond my medical and auto repair costs, but it seems that though I'm in a lot of pain, missing just a day and a half of work, some inconvenience and pain that is very noticeable but at a level where I'm still able to work a couple days later... I'm just curious because I never involved an attorney for an accident claim before. I never imagined that barring a serious injury, there would be enough money in it after the car is repaired and minor medical bills. What kind of settlements do you see for injuries like neck sprains and aches and pains - general soft tissue injuries? Does Wisconsin award money for negligence? I'll ask my attorney about this too but am looking for another opinion. I work for a lawyer, but this is way outside our specialty and we don't work on contingency. And yes, he is on contingency, standard 30% and 40% if there's a trial, plus out of pocket expenses. He also made clear that I will not pay him anything out of pocket and will not pay anything out of pocket for my medical and car expenses. So, that leads me to believe he anticipates a settlement for pain and suffering and/or negligence because there has to be more money in this equation somewhere for him to get paid. Of course, I want him to get paid well because he's my boss' friend and I don't want to be a waste of his time. I would love a settlement for myself as well because this is going to cost me. For example, I just moved and now am having to hire a college kid to unpack boxes for me that I would otherwise certainly do myself, and will have to hire painters because I am too sore to do the work myself, as I had begun to do and intended to finish myself. I'm also worried about future back and neck issues cropping up after this kind of jolt.

[ScottGem]

The first question is whether you know how much coverage the other driver had. The insurance company (nor a court) is going to offer an award over the limits of the coverage. Most auto policies max at $100K on liability.

Second, these things rarely go to trial. The cost of a trial are going to be greater so the insurer will probably offer a settlement to avoid court. But what that settlement would be, your attorney is probably more able to provide an accurate answer since he probably knows the insurers better.