QUESTION
How much compensation should I get from my insurance company?
Asked on Jul 26th, 2011 on Personal Injury - Montana
More details to this question:
I have a lawyer for an auto accident and they recently sent off a compensation demand to the insurance company on my behalf. This would be the first request; I would like to know what is the usual compensation asked for in percentage at this point of litigation and do I have the right to request to stay informed by my lawyer of any and all offers from my lawyer or the insurance adjusters?
22 ANSWERS
4 Awards
You have the right to always be informed of any settlement offers whenever they are made. Your attorney should proceed only with your authority to settle for any given amount, and the law requires that he or she inform you of any offer of settlement made by the other side. There is no set "percentage" at which the parties begin negotiation, but your attorney should let you in on what his tactics will be.
Answered on Jul 29th, 2011 at 6:27 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Your lawyer has an ethical obligation to immediately inform you of any offers made by the insurance company; as for the value of the case, you have given totally insufficient information for me to base an opinion.
Answered on Jul 28th, 2011 at 1:48 PM
Real Estate Litigation Attorney serving Newport Beach, CA
at
Fink & Abraham LLP
Update Your Profile
Your lawyer has an absolute duty to only make offers with your approval and to promptly advise you of offers made to you. There is no way of predicting how much you should get nor how much the initial offer should be. Each case is different and depends on how easy to prove liability, amount of damages, future damages, amount of policy, assets of defendant, potential jury pool and many other factors that cannot be included in your email.
Answered on Jul 28th, 2011 at 1:47 PM
It's based on a percentage of my medical bills as well as how much pain and suffering you have. Speak to your attorney about why she may have asked for the amount she did ask.
Answered on Jul 28th, 2011 at 1:01 PM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
Unfortunately, there is no "percentage" computation for what you are describing. Your case has a value that your attorney has determined based on similar cases, venue, liability and damages considerations, among others. Now, you do have a right to know what your attorney demanded as compensation and what his range of settlement is. It is possible he/she sent the evaluation and demand package and will speak with adjuster to get a feel for where the case may go and then speak with you to get a feel from you. In short, give your attorney a call or set up a time to meet with him.
Answered on Jul 28th, 2011 at 12:59 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You have a right to participate fully in the decisions about the value of your case and any demand made of the carrier. What your case is worth is based on the liability (strong or weak or debated?) the amount of property damage(small accident or large) your injuries, your medical bills, whether you have permanent injuries, whether you have wage or income loss. Your PI lawyer should be familiar with all these things and discuss them with you if you have questions.
Answered on Jul 28th, 2011 at 12:57 PM
Communicate and express allyour concerns with your attorney.
Answered on Jul 28th, 2011 at 12:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
The amount of compensation you should get depends on the particulars of your case, including out-of-pocket expenses, loss of income and long-term effects of your injuries, as well as the circumstances of the accident, the credibility of the witnesses and the expense of litigation. There is no "usual" percentage asked for in a first demand. There are many factors and negotiating strategies. You can request to stay informed, but you should promise your lawyer that you won't interfere in the negotiations if you want your request to be honored.
Answered on Jul 28th, 2011 at 12:45 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
I do not understand what you mean "amount of compensation asked for in percentage.". If you are asking - what is normal attorney's fee at this point in litigation? - Many attorneys charge 1/3 of the settlement regardless of what point in litigation the case is settled. Some charge 25% If it is settled before suit is filed. There may be other percentages, but these are the most common. If you mean - what percentage of my total damages should I be asking for? - This can depend a lot on the particulars of your case. Two important factors are whether liability is clear, and what are the insurance limits (if the limits are known at this point). If liability is not certain, you would normally ask for a lower percentage of your total cognizable damages than if liability is certain. I would say that most attorneys ask for at least the total cost of your medical bills and lost wages. Based on this, and many other factors particular to your case, the attorney would normally come up with a probable high and low value that a jury might likely award on your case. Most attorneys make the initial demand on the high side of this range, expecting that the adjuster will initially make a low offer and engage in some back and forth offers before arriving somewhere between the two extremes. Some attorneys would rather determine a fair settlement somewhere between the high and low extremes and cut right to the chase and demand that figure and stick to that figure. Where you are willing to settle between the two extremes depends on how much of a gamble you are willing to take. The harder job is determining the highest and lowest potential verdicts. You do have a right to be informed of demands and offers. This is not intended to be legal advice for your particular case, but general information on personal injury law. For advice on your case, you should consult your attorney.
Answered on Jul 28th, 2011 at 12:43 PM
Bad Faith Attorney serving Orlando, FL
at
Riley Allen Law
Update Your Profile
You ask for 100% of the value of your losses at any stage. And, yes, your lawyer is ethically obligated to keep you aware of what is going on.
Answered on Jul 28th, 2011 at 11:28 AM
Wrongful Death Attorney serving Salem, OR
at
Swanson Lathen Prestwich, PC
Update Your Profile
The value of your case will depend on your injuries, prior treatment, treatment following this accident, the impact from the accident, etc. You do have a right to be informed by your attorney. You should work out when he/she will contact you and what will happen once you start negotiating.
Answered on Jul 28th, 2011 at 8:58 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
I am not sure I understand your question about the percentage. If you are referring to attorneys fees, the insurance company is never apprised or even cares about attorneys fees. The attorney gets his or her percentage based on the contract you have with the attorney. Most auto cases start at 33% and go up at some point to 40%, plus costs. So you need to see what your fee agreement says what the percentage is at this point. The attorney should get your approval on all offers made on your behalf, and MUST communicate all offers made to you before a counteroffer is made. Most fee agreements cover this topic. You are absolutely entitled to know what is going on with your case, particularly when it comes to settlement negotiations.
Answered on Jul 28th, 2011 at 8:35 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
Depends on your injuries and what the case is worth. It also depends on the amount of insurance coverage. If the insurance is only for $10,000 then you wont be able to get more even if it is worth more. You should ask your attorney about each response.
Answered on Jul 28th, 2011 at 8:21 AM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
There is not a specific formula for this type of calculation. Every case is different. You should be able to trust your lawyer enough to get a straight answer from him or her. I certainly couldn't tell you what to expect. Speak to your attorney. I hope you trust him or her. If not, you shouldn't be with that attorney.
Answered on Jul 28th, 2011 at 8:21 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
The lawyer is required by law to promptly notify you of any and all offers. The lawyer usually gets a third of the recovery "whether by suit, settlement or otherwise". You have to read your retainer agreement again. He can't take more than a third unless he signed you up under a sliding scale.
Answered on Jul 28th, 2011 at 8:20 AM
Gary Moore
Your lawyer represents you and must advise you of any offer before he accepts an offer and needs your permission to accept an offer. It is very difficult to give a value for a case without having all the information concerning your case.
Answered on Jul 28th, 2011 at 6:55 AM
Unfortunately, there is no such thing as "usual compensation." Every case is unique and must be considered individually. Factors that go into determining value would include things like: type of injury, length of treatment (as you can imagine, the longer one needs treatment arguably the more "pain and suffering" they have), lost wages, medical bills, intangibles like how it affects a person's life - what could they do before that they cannot do now?, and medical permanency. Also, one must look at how the accident happened. Is the defendant 100% at fault or something less. All of these impact value. Your attorney should have discussed with you what he or she feels your case is worth at this point. Moving forward, you are certainly entitled to know every offer made and the negotiation details.... It is your case and you are the boss!
Answered on Jul 28th, 2011 at 5:31 AM
You should talk with your attorney about what is in a demand. The amount of compensation depends on your case - what type of injury, how much in past and future medical expenses, whether there is any comparative fault - and can't be answered without additional information. Also, you should be informed of the other side's every offer and counteroffer in the case, and you should approve the amounts your side offers or counteroffers before the offers are made.
Answered on Jul 28th, 2011 at 5:30 AM
Automobile Accidents Attorney serving Portland, OR
at
The Law Office of Josh Lamborn, P.C.
Update Your Profile
How much a case is "worth" is a difficult evaluation that involves an analysis of all of the facts of your case. There is no formula for how much is usually asked for at any point in the process; that is a matter of negotiation style and tactics. Generally speaking, once I know all of the facts of the case and a doctor has determined that my client is medically stationary and I know what the limits on the insurance policy are I talk to my client about what I think a case is worth at settlement and what I think a jury would award. I then prepare a demand packet that includes all of the facts of the case and usually some evidence to attempt the persuade an adjuster that our demand amount is reasonable. The demand amount is usually higher than where I think the case will settle, but generally close to what I think is possible after a jury trial. If you think the case is worth X and you demand X out of the gate, you are usually not going to get X. You have a right to be informed by your lawyer of all offers from the insurance company and / or defense lawyer. You lawyer has an ethical obligation to disclose all offers to you and may not accept an offer without your approval.
Answered on Jul 27th, 2011 at 3:52 PM
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
Unfortunately, each person's case is different depending on various factors. Everything from where the accident occurred, to where the at-fault party resides, to the severity of the accident, to the type of injuries, to the amount of medical bills and lost wages, etc. all play a part in the value of your case. Because I am not familiar with the particulars of your case, I am unable to advise as to what the value of your case may be. As far as your right to stay informed of any and all offers, attorneys are under an obligation to present all offers to their clients.
Answered on Jul 27th, 2011 at 3:49 PM
Civil Practice Attorney serving Redmond, WA
at
Magnuson Lowell P.S.
Update Your Profile
There is no "usual compensation asked for." Each case has its own negotiation strategy and own value, based on many variables and circumstances. That is why it is important to have a qualified personal injury attorney who is familiar with the variables and values. But in response to your second question; the answer is definitely 'yes.' You have an absolute right to be informed of any and all offers. In fact, your attorney is REQUIRED to advise you of all offers received. And you have the absolute and sole authority (although, presumably, based on recommendations from your attorney) to accept or reject any such offers.
Answered on Jul 27th, 2011 at 3:30 PM
2 Awards
You should ask your attorney these questions. As you are represented, it would be irresponsible for anyone to give you legal advice other than your legal counsel.
Answered on Jul 27th, 2011 at 3:01 PM