QUESTION
How do you know what is a good settlement offer?
Asked on Jun 17th, 2013 on Personal Injury - California
More details to this question:
I was injured in a minor car accident. How do they figure the amount I am awarded? I suffered a neck injury and have been taking physical therapy.
13 ANSWERS
Ronald A. Steinberg
The value of a case depends on the strength of your proof of fault, together with the strength of the medical evidence as to what is wrong with you, whether or not it is related to the accident, and how it impacts your life.
Answered on Jun 27th, 2013 at 3:52 PM
We calculate the amount of an award that we will ask for on your behalf, based upon your injuries, prior injuries, if any, and future injuries, if predicted.
Answered on Jun 19th, 2013 at 7:24 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Settlements are based on the liability How did it happen? How much property damage? How much injury? How many doctor bills or PT bills? They may offer you 500 dollars over your bills, or maybe up to 1200. But in any event not much. And the big problem is that jurors don't give much for small injuries either.
Answered on Jun 18th, 2013 at 10:42 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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First, if you are still in physical therapy, it is too early to consider any settlement offers. Second, damages is a complex subject that cannot really be explained in an email (large books have been written on the subject. Lawyers who do not do personal injury law really are unable to present damages properly).
Answered on Jun 18th, 2013 at 9:01 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There is no exact answer. There is an old aphorism "A good settlement is one in which both sides walk away unhappy." One of the things that I look for is that it is a difficult decision: an offer that is too low is easy to turn down; an offer that is happily generous is easy to accept (and the obverse goes for the insurance company) but it is when it is a difficult decision, e.g., you don't feel it's quite enough but you aren't sure you have the nerve to turn it down, that's a sign of a good offer.
Answered on Jun 18th, 2013 at 9:00 AM
Lisa Hurtado McDonnell
Medical cost times three.
Answered on Jun 17th, 2013 at 8:24 PM
James Eugene Hasser
You probably ought to talk with a personal injury lawyer. Settlement evaluations depend on a variety of factors. Good luck.
Answered on Jun 17th, 2013 at 8:23 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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There are many questions that have to be answered prior to valuing a case.
Answered on Jun 17th, 2013 at 8:23 PM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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First, you must figure out who is responsible for the accident . That is called "liability". The percentage of your responsibility/liability is important because that will factor in to how much your case is worth. For example, if you were stopped at a light and struck in the rear, then you should receive 100% of the value of your damages . If, however, the accident occurred at an intersection where both parties are claiming to have a green light, then for settlement purposes the I insurance company is only going to offer 50% of your damages because liability will be split 50/50. After you access the liability, you need to ascertain the value of your damages/ injuries. We value the damages based upon several factors: nature and extent of injuries, permanency and hiw the injuries affect your quackery of life. The fact that you are treating with a doctor and therapist is not dis-positive, nor is simply the length of time that you've had the treatment. I'd need to the actual medical records/ reports to better figure out the settlement value.
Answered on Jun 17th, 2013 at 8:23 PM
Monica Cecilia Castillo-Barraza
Generally, a settlement is based on the amount of special damages and general damages ("pain and suffering"). Special damages are medical bills paid by or on the person's behalf, and lost wages/income (if any).
Answered on Jun 17th, 2013 at 5:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is art, not science. You should at least confer with an experienced attorney before accepting any offer of settlement. If you are still in therapy is may be too early to to make a reasonable estimate. Call my office with details and for an appointment.
Answered on Jun 17th, 2013 at 5:14 PM
1 Award
The determination of the settlement value of a claim depends on what your injuries were, how they affected you, whether they are expected to last a long time, what the medical bills were, and what your lost wages were. There is no formula. Each case depends, primarily, on how the injuries impacted the life of the injured person. You might consider consulting with a lawyer about the settlement value of your claim. You might actually net more money hiring a lawyer than trying to settle it yourself.
Answered on Jun 17th, 2013 at 5:14 PM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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The responsible driver and his/her insurance company are responsible for your reasonable medical bills, wage loss and pain and suffering. The last part is the hardest to quantify because it is so subjective. If you were a juror listening to a case similar to yours, how much would you award for that person's pain and suffering. We take into consideration your age, employment, effect on your hobbies, duties and work, short term versus long term pain and prognosis, medical diagnosis, etc. Every case is different.
Answered on Jun 17th, 2013 at 5:13 PM