QUESTION

If a DUI driver with insurance hit my vehicle while I was at red light, how much should I be offered for settlement?

Asked on May 11th, 2013 on Personal Injury - Michigan
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20 ANSWERS

The amount of your settlement depends on the type of injury you sustained, the total amount of the medical expenses, wage loss incurred, etc. However, the fact that the responsible party was DUI gives your case more value, then just a regular accident case as the Insurance Company knows your attorney can ask for punitive damages should they have to file a lawsuit on your behalf.
Answered on May 16th, 2013 at 2:29 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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What it costs to repair your vehicle or the fair market value of your vehicle, whichever is less. If you were injured, it gets more complicated. Below are some things to consider in evaluating damages for personal injury. 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
Answered on May 15th, 2013 at 8:05 AM

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Personal Injury Attorney serving Milwaukee, WI
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The amount of a settlement is determined by the severity of the injuries, the amount of the medical bills, whether the injuries will be permanent, whether their was a loss of earnings, whether there was pain, whether there was disability, and many other things.
Answered on May 14th, 2013 at 12:32 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Your question is unanswerable because it has no facts whatsoever about the nature and extent of your injuries. Even then, there is no formula for how much any particular injury is worth. Each case depends on it's facts and there are multiple facts that go into what a case is worth. This is why you should consult a local Michigan attorney that regularly handles auto crash, drunk driving cases. You also should be aware that there are very specific, and short, time limits in regards to stating a Dramshop action in Michigan. Thus, you should not delay in contacting counsel.
Answered on May 14th, 2013 at 12:32 PM

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Personal Injury Attorney serving Boise, ID at Montgomery | Dowdle Law
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There are several different types of damages you can be compensated for in a personal injury case. You are entitled to be compensated for your medical expenses and for pain and suffering, loss of enjoyment of life and any disabilities you suffered from the accident. So with respect to your question, compensation for these types of damages depends on your medical expenses and the nature and extent of your injuries. If a DUI was involved, a judge may allow you to pursue punitive damages because of the person drinking and driving. How much compensation to expect for this part, again depends on the circumstances. If it was a 1st time DUI, my experience is that most juries will not hit the other party too hard. However, if it is a 2nd or 3rd DUI, then a jury could award a substantial sum for punitive damages to try and deter the person from further drinking and driving. As you can see, a lot depends on the circumstances of the case so without more details, it is difficult to give a specific amount.
Answered on May 14th, 2013 at 12:32 PM

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James Eugene Hasser
It depends on the nature and extent of your injuries and the amount of damage done.
Answered on May 14th, 2013 at 12:31 PM

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Civil Litigation Attorney serving Savannah, GA at Lueder, Larkin & Hunter, LLC
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If you are talking about a personal injury settlement, depends on many factors such as were you injured, if so, what were your injuries? What treatment did you have? Do you have permanent injuries from the wreck?
Answered on May 14th, 2013 at 12:31 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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That depends upon your injuries. The DUII is something we consider when we put a demand together on behalf of our clients.
Answered on May 14th, 2013 at 12:30 PM

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Personal Injury Attorney serving Beverly Hills, CA at Hyp Law Group
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Depends on your injuries and damages.
Answered on May 14th, 2013 at 12:30 PM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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DO NOT try to settle this matter yourself. Go shopping NOW for an attorney. Interview at least two or three (from different firms) and hire one who you are comfortable with (and who will speak to you personally, not through an assistant). Let your attorney evaluate the case for you and he/she will let you know what an APPROXIMATE settlement should be for your case, given all the circumstances.
Answered on May 14th, 2013 at 12:30 PM

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Ronald A. Steinberg
Your case is worth whatever you can prove to a jury it is worth.
Answered on May 14th, 2013 at 12:29 PM

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It really depends on what your injuries and damages are.
Answered on May 14th, 2013 at 12:29 PM

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Thomas Edward Gates
If you were not injured, nothing beyond the repair of your car.
Answered on May 14th, 2013 at 12:29 PM

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There is not enough information to answer your question. Were you injured, if so what were your injuries? How much were your medical bills? Is the injury permanent or temporary? How did it impact your life? Did you suffer any wage loss and will you suffer a wage loss in the future? You were hit at a red light, was the DUI driver at fault, aside from being legally drunk? You should speak with an experienced personal injury lawyer to get maximum value for your claim.
Answered on May 14th, 2013 at 12:29 PM

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It depends on the extent and nature of your injuries.
Answered on May 14th, 2013 at 11:59 AM

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John Hone
Depends on the severity of the injury. Also, hold out for the top dollar for your injury, because the driver got a DUI.
Answered on May 14th, 2013 at 11:59 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Settlements are based on liability (DWI good) and damages (you didn't say you were damaged) you get nothing unless you prove actual damages. Want to try again?
Answered on May 14th, 2013 at 11:58 AM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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The question is how I badly were you injured?
Answered on May 14th, 2013 at 11:57 AM

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You provide no indications of your damages. No one can provide you a realistic answer. What is the amount of your property damage? Were you injured? If so, how severely? How much are your medical bills? Are their broken bones, surgeries, scars? Did you have lost wages? Was anyone else in the car? Were other people injured? What level of coverage if any does the at fault party carry? Is their carrier a major company or some tiny company few have heard of before? What insurance coverages do you carry that might be accessible? Are you represented by counsel? All these questions, and more, provide information that factors into a realistic view on the potential for an award via settlement or trial.
Answered on May 14th, 2013 at 11:55 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is impossible to answer your question without having some knowledge of what you're damages were.
Answered on May 14th, 2013 at 11:55 AM

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