QUESTION
How much should I get for my settlement?
Asked on Jun 01st, 2013 on Personal Injury - Georgia
More details to this question:
I heard from a friend that your settlement should be double the amount of my medical expenses as a rule of thumb. Is this true or is there another way to calculate what I should get?
13 ANSWERS
John Hone
Depends on a lot of things.
Answered on Jun 04th, 2013 at 12:17 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Multiples were common 30 to 40 years ago Not today. Each case seems to rest on its own bottom. What was the liability what was the amount of property damaged? What were the injuries? How many doctor visits? What did the doctor say? What were your bills? did you lose any wages? Do you have any permanency? Any future medicals anticipated? See what I mean?
Answered on Jun 04th, 2013 at 12:17 AM
James Eugene Hasser
The value of your case will vary from location to location and will depend on the facts concerning liability, damages and collectability of it. Good luck.
Answered on Jun 04th, 2013 at 12:17 AM
Lisa Hurtado McDonnell
Generally we would not accept any less.
Answered on Jun 04th, 2013 at 12:16 AM
Ronald A. Steinberg
Have your friend handle the case. He or she knows so much. A real lawyer won't know what your case is worth until a lot of work has been done. Of course, your friend has a crystal ball.
Answered on Jun 04th, 2013 at 12:16 AM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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That is not a good rule of thumb. It depends upon the types of injuries you had, the difficulty of your recovery, and any lasting permanent problems from the accident. It would also depend upon if you needed future care and if you lost wages or you are going to lose wages. Since most attorneys will see you for free, it is silly not to seek the advice of an attorney. If you get an offer first there are some attorneys like myself that if we believe we can do better than the offer, we will offer you a contingency fee arrangement based upon any monies obtained above and beyond the offer of settlement made by the insurance company.
Answered on Jun 04th, 2013 at 12:15 AM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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Your friend is 100% wrong. Many variables go into a settlement ie the nature and extent of your injuries, the amount of your bills, who paid for the bills, your property damage.
Answered on Jun 04th, 2013 at 12:15 AM
There is no set standard. Some adjusters use the estimate of three times your specials [medical bills and wage loss, but not car damage]. I used a different method but came up with nearly the same number. The type of treatment?bear a role in how much will be given [MD greatly favored over DC.s ].
Answered on Jun 04th, 2013 at 12:15 AM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
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The value of every case is different. There are many factors that go into the value of your case. The first consideration is liability. How clear is it that it was the other driver's fault. The clearer it is the more value should be assigned to the case. In addition, if the other driver was drunk, on drugs, driving recklessly, driving at a high rate of speed, using a cell phone or otherwise distracted then the case would have an even higher value. With respect to the injury the value depends on the effects the injury had or continues to have on you. It should not be based on the medical bills. What if you were killed instantly and required no medical treatment. Therefore there were no medical bills. Obviously it wouldn't be fair to pay your family nothing just because you had no medical bills. On the other hand what if the hospital ran a bunch of expensive tests to be safe because of a complaint that you had following the wreck. But assume that fortunately you were okay within two days and had no ongoing problems at all. It wouldn't be fair to give you something based on your medical bills because the bills have nothing to do with your condition. Instead you must look at factors such as missed work, trouble functioning, trouble sleeping, effects on your hobbies, effects on your ability to enjoy life, future medical treatment , scarring, future and past lost wages, and the extent of your pain and suffering. Two people could be in the same wreck and have the same injuries and the exact same amount of medical expenses yet the value of the cases could be dramatically different after looking at the factors listed above.
Answered on Jun 04th, 2013 at 12:14 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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As I've previously mentioned in multiple prior answers there is no formula for what a certain injury in a certain fact situation is worth. Each case will depend on multiple factors, including, but not limited to: the nature of the incident, whether there are aggravating liability factors, the amount of negligence of the at fault party, if there is any negligence on the part of the injured party, whether there is other negligence of someone else that contributed to the incident/injuries, the nature and extent of the injuries, whether the injuries meet the threshold requirements of the Michigan No Fault law, whether the injury/disability/sequelae are for a specific closed period of time or will continue into the future, the nature and extent of the injuries, the amount of medical treatment/rehabilitation, the venue of the incident, the skill/knowledge and reputation of you lawyer, the id of the other parties insurer, the settlement policies of said insurer, the way the insurers adjuster handles claims, etc., etc., etc. It is true that some insurers/adjusters will use a multiplier on the "specials" and consider that a fair settlement value; however, whether the other side is such an insurer/adjuster in your case is an unknown. It is always best to personally consult a Michigan lawyer that regularly handles your type of claim/case to get a professional opinion on the possible outcomes/range of settlement or verdict values of your case.
Answered on Jun 04th, 2013 at 12:14 AM
NA richard@jandjlaw.com
Decades ago, insurers would pay three to five times the special damages (medical bills, earnings loss, travel expenses to treatments) in general damages (pain, suffering, disability). Now, certain kinds of injuries have certain values. Muscle / ligament sprain/ strains have a value less than bone fractures, intervertebral disc herniations, cartilage/ligament tears, head injuries, etc. The value of general damages now depends on the nature and extent of the injuries, how long the treatment lasts, surgery v. non-surgery, complete resolution of the injuries v. permanency of the injuries, etc. Sometimes it depends on how much insurance coverage is available. Consult with an experienced injury lawyer. You'll still end up netting more even after fees and costs than if you try to deal directly with the insurer(s).
Answered on Jun 04th, 2013 at 12:12 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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I suggest you consult with a lawyer, as opposed to your friend, about a reasonable settlement providing to the professional all of the details. There is no such rule of thumb I am aware of.
Answered on Jun 04th, 2013 at 12:12 AM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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It really depends on a lot of factors, perhaps especially so for soft tissue injuries. If you question whether you are being treated fairly by the insurance company, you should have a consultation with an attorney. A consultation will enable the attorney to obtain the information he or she needs to properly evaluate your claim, and provides an appropriate forum for the attorney to explain his thoughts about your case.
Answered on Jun 03rd, 2013 at 7:34 PM