QUESTION

I was pregnant and in a car accident my attorney got $3,450 from the insurance company is this fair settlement or no?

Asked on Feb 14th, 2013 on Personal Injury - New York
More details to this question:
He called me and said subtracting $1000 for the hospital $1,150 for his fee and $450 for a massage therapist. I would only receive $200 I donโ€™t think thatโ€™s a fair settlement.
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13 ANSWERS

Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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You should consult the employment contract you signed to see if there is an explanation of how his fees are computed and how your take is computed. Although my firm has a right to do the same thing under our contract, we also guarantee our clients that we will lower our fee to ensure that you receive more than we receive. There are a few exceptions though.
Answered on Apr 04th, 2013 at 8:01 PM

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Sounds bad to me. Talk to another lawyer.
Answered on Apr 01st, 2013 at 2:58 AM

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Edwin K. Niles
These days, most settlements are not fair. For the last ten or more years, the insurance companies seem to be having a contest to see which can settle their cases for the least amount of money. You are not in good hands... The serious answer is that no attorney can evaluate a case based on such little info. There are many factors which enter into such an evaluation. I can only say that twenty or more years ago, it was common practice to settle small cases for 3 times the medical bills. In recent years, the pendulum has swung the other direction, and claimants are usually unhappy with injury settlements.
Answered on Feb 21st, 2013 at 2:45 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If you weren't really hurt, it may be fair. You do not give near enough information for me to give even an educated guess. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain , or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I m hurt , describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury settlement demand should begin
Answered on Feb 21st, 2013 at 1:56 AM

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You should discuss this with your attorney and review whether your representation agreement gave them express authority to accept a settlement. An attorney in California has to have express authority from the client to settle a claim without litigation.
Answered on Feb 19th, 2013 at 1:29 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have a small claim your claim is worth 3450 or somewhere close perhaps. You have to pay your lawyer (or do you think he does this for free?) you have to pay your medical bills. they are yours. Don't you think they need to be paid? Under the statute your lawyer could satisfy the LIENs and give you up to about 1000 but your bills would not be paid in full. And they might still pursue you for payment.the problem is that a small claim is a small claim and jurors are not giving large verdicts for small claims. a jury might give you less. Why don't you just trust that your lawyer knows what he is doing and that if he could get you more he would be paid more.
Answered on Feb 19th, 2013 at 1:28 PM

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Depends on how badly you were injured and whose fault the accident was.
Answered on Feb 19th, 2013 at 5:40 AM

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A lawyer is obliged to consult with you before settling a case. Did he do so? If so, did he let you know how much in costs you would have to pay? It is never possible to know what a reasonable settlement may be without knowing a great many facts about yourself, your injuries, your loss of time at work, the permanence of your injuries, and so on. This amount does sound quite low, but there may be reasons for it. You should let your lawyer know of your concerns. Or you could file a grievance with the Office of Lawyer Regulation (an arm of the Wisconsin Supreme Court) if you know that he did not consult you and of course if you believe that the settlement is far too low.
Answered on Feb 19th, 2013 at 5:38 AM

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James Eugene Hasser
The value of your case depends on 3 things: 1. Liability, 2. Damages and 3. Collectability. You don't have enough info in your question for me to answer it. Ask your lawyer to explain why he feels the offer is adequate. If you are not happy with his explanation, you can always seek the opinion of another lawyer.
Answered on Feb 19th, 2013 at 1:36 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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It is ultimately your decision to accept it or not.
Answered on Feb 19th, 2013 at 12:32 AM

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Criminal Defense Attorney serving Covington, LA at Law Office of Ernest J. Bauer Jr.
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You don't have to accept the settlement offer. You can also consult with another attorney regarding your injuries.
Answered on Feb 19th, 2013 at 12:18 AM

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Elder Law Attorney serving Aventura, FL at Elder Needs Law, PLLC
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It might be fair. It depends on the severity of your injury. Remember - doctors do not work for free, so they need to get paid for the services they rendered to you.
Answered on Feb 19th, 2013 at 12:18 AM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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If this is a NY accident then no-fault insurance should pay the medical bills.
Answered on Feb 19th, 2013 at 12:15 AM

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