How would I know when to take the settlement?

Question

I was rear-ended when I was at a red light. I got an attorney, after going to chiropractor and having a root canal from hitting my face on the steering wheel. My bills for the emergency room visit and the others listed above comes out to $8,000. My attorney got offer for $14,000. After his fees, that doesn’t leave much after I pay my bills. Is this fair or am I being screwed over?

Robert Lucky · Answer

Well, it is hard for me to advise whether this a good offer without having more detailed information regarding your treatment, injuries, as well as the place of the accident, etc.

Roxanne Eberle · Answer

Is the $14,000 offer over and above the medical expenses or does it include the expenses?  That would make a difference whether the offer is fair. To really give you advice and evaluate the value of your claim, an attorney needs to see your medical records, etc.  However, without knowing more specific facts, if the offer includes your medical expenses of $8,000, it seems that may be a little low.  You can always ask an attorney to review your case and give you a second opinion to help you decide whether to accept the settlement or whether to go forward with a lawsuit.

Brett Rosenthal · Answer

It is your case not your attorney's. If you don't think it is sufficient don't authorize him to accept it. Unfortunately, it is difficult to evaluate with so few facts. Severity of the impact plays a big role in the evaluation, but sounds significant if your face struck the steering wheel. Also, if the medical and dental insurers paid less than the $8,000 that has to be taken into account and the venue of the case, meaning where it would be filed has a significant impact on the evaluation.

Steven A. Schwartz · Answer

An attorney would need more details to answer your question.  How long did you have to treat?  What were your injuries?  Were the medical bills paid by insurance?  Were you out of pocket anything?  Is there an insurance lien?  Any lost wages?  Any permanent damage?  If you truly are unsure and are not getting satisfactory answers from your attorney, I suggest you seek a second opinion from another attorney before agreeing to anything.

Paul Whitfield · Answer

Fair is not the issue. Almost no insurance company pays what  is "Fair" they pay what they can get by with. Jury verdicts are small in most of North Carolina. Ask your lawyer if he thinks he can do better by going to trial. The risk should be obvious to you. if the jury like you and believes you they may reward you with a larger verdict than the settlement offer. They may give you about the same  and it is possible that they will give you less. Jurors sometimes pay peoples medical bills and send them home.

Paul Culpepper · Answer

Each case is unique and is not quite like others.  The value of the case is determined on many factors such as the amount of medical bills, the type of treatment (ie. chiropractor or medical doctor), whether there were any noticeable injuries (bruises, contusions, lacerations, etc.), and the severity of the accident. Pain and suffering is more difficult to compute, but can be subjectively determined by your particular circumstances.  You have to remember that you have a contractual obligation to pay your attorney whatever contingency fee he is entitled to, which is usually one-third of the recovery if a lawsuit isn't filed.  Therefore, your attorney would get $4,666.66.   Usually, the attorney can successfully negotiate a reduction of the medical bills.  So, if he can negotiate a reduction of the medical bills to a total of $4,666.66, you would receive one-third of the settlement in your pocket (ie. $14,000 - $4,666.66 -$4,666.66 = $4,666.66), which is more fair than you only receiving $1,333.33 (ie. $14,000 - $4,666.66 - $8,000.00 = $1,334.34).

David Stoddard · Answer

I cannot give specific advice on your case  because you have an attorney, and haven't provided much information, such as whether your injury is permanent, whether the other side questions whether the wreck caused the need for the root canal, etc. I can say this, it is not unusual to get a zero verdict when your only significant treatment is chiropractic. Personally, I never go to trial if I can help it on a chiropractor case. This is nothing against chiropractors.  I am simply recognizing the fact that jurors tend to be skeptical of chiropractor testimony, especially if you are claiming a permanent injury. If your injury is not permanent, then you normally would not be entitled to much  over the cost of medical bills.

Barry Rabovsky · Answer

You should consult an attorney.

Michael Heilmann · Answer

You hired an attorney for advice. Take the advice.

Thomas Edward Gates · Answer

You are being screwed over, do not take this very low offer.

Lisa Hurtado McDonnell · Answer

I wouldn't recommend it. I usually tell my clients three time medical costs so that would be $24,000.

Ronald A. Steinberg · Answer

Personally, I think that you are not getting the best deal.  In Michigan, the dental bills should be paid by your own auto insurance under the No Fault Act.  With $8,000 in dental bills and long term residuals, I think that you lawyer should do better than $14,000.  But you should not be paying the dentist out of that money.  It should be covered by your auto insurance.

Eric Rothstein · Answer

Why isn't no-fault insurance paying your medical bills?

Steven Fairlie · Answer

Without reviewing the whole file there is really no way for an attorney to give you an accurate opinion, but since that leaves you nothing for pain and suffering you should think long and hard before accepting it.

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How would I know when to take the settlement?

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