QUESTION

is there anyway to determine how much settlement my wife is entitled to from the car accident?

Asked on Apr 29th, 2013 on Personal Injury - Michigan
More details to this question:
My wife was rear ended while in motion. She was slowing to a red light following another vehicle which was also slowing. The car behind her dropped his soda and was distracted resulting in rear ending my wife who then rear ended the guy in front of her. Fault has already been determined to be the gentlemen behind everybody. We got some papers in the mail for each involved in the accident. Our insurance adjuster estimated the damage at around $3800 to our car with 118k miles. She had our 4 month old as well as 5 year old in the car at the time of the accident. She has soft tissue sprains in her wrist, neck, shoulder, and back as well as hips. She has been to multiple doctors and was prescribed massage 3 times a week for 4 weeks as well as physical therapy. This just happened about a week ago so all of this is fresh. We have never been involved in an accident so we don't know what were entitled to. We want to get the most money we are legitimately entitled to.
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23 ANSWERS

First, you should not consider settling until your wife and children have recovered from the wreck. You should have been contacted by a representative of the insurance company of the person who caused the wreck. Make sure that they know of your claim, and ask them how much insurance coverage was in place. Don't talk to an investigator about the wreck or your wife's damages without a lawyer. Don't sign a release or settle without a lawyer. Get a copy of the police report. Let your auto insurance agent know about the wreck. Your wife's case value is dependent on various factors including her prior medical history, the extent of injuries, the kinds of treatment necessary for recovery, the costs of medical bills, physical therapy, any long term disabilities, lost wages from work, etc.
Answered on May 22nd, 2013 at 11:34 AM

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Ronald A. Steinberg
Yeah, you can take the case to a jury and let them decide. The case is worth whatever you can prove are the damages. When you talk about settlement, they look at the odds for your winning, and discount the value of the injury by that amount. If you want more than the settlement value, then the insurance company might as well let the case go to the jury, because you could lose and get nothing.
Answered on May 02nd, 2013 at 4:17 PM

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It depends how much insurance is available and which insurance carrier and cost of reasonable treatment for her pain and suffering. I would estimate a total settlement in the area 10 to 15 k would be reasonable.
Answered on May 02nd, 2013 at 2:31 PM

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Personal Injury Attorney serving San Diego, CA at Law Office of Evan M. Himfar
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I'm sorry to learn about your family's unfortunate auto accident, including the injuries to "your wife's wrist, neck, shoulder, and back as well as hips." Typically, one of the first important questions my auto accident victims ask me is "how much is my claim worth?" First, you should understand that there are two different elements to your claim: (1) property damage, and (2) compensation for personal injuries, including medical expenses, lost wages, if any, and pain and suffering. The property damage element is straightforward and is something I advise my clients typically to handle on their own, especially if their dealing with their own insurance company. I always advise them to take their care to a reputable mechanic, preferably the dealer, and obtain a comprehensive estimate to present to the insurance company. If the estimate is similar to the one provided by the insurance adjuster, you know you are receiving fair value. Hiring an attorney for this simple negotiation is not prudent - If an attorney can't add value to your bottom line, you don't need one. The second element of your claim, the claim for personal injuries, is more complicated. Although clients can represent their own interests, they typically come out much better off when they retain an experienced personal injury attorney. This is because unlike your straightforward claim for property damage, your personal injury claim is usually presented to a third party (the at fault driver's) insurance company. Their job is to make money by paying you the least amount possible, regardless of the value of your claim. They are also very experienced and good at what they do so it's important to have quality representation on your side. I've handled many auto accidents presenting similar circumstances with the same property and medical damages. However, despite their similarities, many times the cases produced very different results. This is because valuation is extremely fact sensitive, and depends on the specific facts of each case. This requires thorough document review, including of the police report, vehicle damage estimates, and medical records for your wife and children. For example, your wife's claim for personal injuries will likely receive a higher insurance valuation if the police report describes vehicle damage as "moderate" or "major" (versus "Minor"). Also, an attorney should meet and speak with you and your wife to insure all her (and your children's) injuries are addressed, and she receives the proper medical care. An experienced attorney can provide a reasonably accurate evaluation only after reviewing all the specific facts of your case. You are smart to post your question early in the process as any mistake can result in a lower recovery.
Answered on May 02nd, 2013 at 2:30 PM

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Christian Joseph Menard
It its almost impossible to say how much at this time without reviewing all your medical records and the childrens' records (as they have a right to collect for their injuries as well) to determine the full nature and extent of your injuries. Another factor would be where your lawsuit would be filed, (if you have to file one). Juries would be comprised from members of that area. Some juries, in certain areas are stingy while others are generous. This is important when it comes to settling a case because a settlement figure will never be more than what a jury would award off your case were to go to trial. Get an attorney.
Answered on May 02nd, 2013 at 2:30 PM

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You should immediately hire an attorney to get you full value on your vehicle and compensation for your wife's injuries.
Answered on May 02nd, 2013 at 2:29 PM

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Thomas Edward Gates
Retain a personal injury attorney. Based upon the prescribe injuries, the settlement will be of minimum worth.
Answered on May 02nd, 2013 at 2:28 PM

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John Hone
IN Michigan, you are entitled to all medical care and treatment paid for. So make sure your wife gets thoroughly checked out. Minor aches and pains may mean no injury, or could be the sign of an injury that will progress over time. Her wages are to be paid, as well. The facts may indicate other benefits as well. The complaints she is indicating, "soft tissue" (how do you know that?), etc... suggest she does not have a claim against the negligent driver. In Michigan, you must have a serious impairment of bodily function to recover. At this point in time you do not know what her injury is, so get treated, get a diagnosis, and make sure your history that you give at the Clinic is accurate.
Answered on May 02nd, 2013 at 2:28 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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At good attorney will not attempt to evaluate the amount of money a case is worth until the client is medically stationary. Medically stationary means that the person is either back to pre-crash status of as good as they are going to get. My preference is to be patient and make sure that my clients are properly able to understand where they are physically. In Oregon, a crash victim has a 2 year period to file a lawsuit. I am not saying that you wait 2 years, but that you have plenty of time to make that evaluation and not let an insurance adjuster do the evaluating. It is in the insurance companies best interest to get you to settle as soon as possible. This way they have to pay less for treatment and get rid of the risk that something is actually worse than you realized. Yours family should retain an injury attorney as soon as possible.
Answered on May 02nd, 2013 at 2:28 PM

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Personal Injury Attorney serving Milwaukee, WI
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There are many things that go into determining the amount of money that constitutes fair compensation. Those things include the severity of the injuries, the amount of the medical bills, whether there is any loss of wages, whether someone else has to do things around the house, whether the injuries might be permanent, etc. As a generality, it is better to continue to see the doctor until the injuries are completely healed. The time in which a suit must be filed, if the case cannot be settled, is three years from the date of the accident. If the children were also injured, they have until age 20 to have a case filed for them. It is probably a good idea to retain a lawyer to help you with the claim.
Answered on May 02nd, 2013 at 2:27 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you have genuine injuries you are not ready to settle a week after the wreck. If, big if, you have real injuries you must get proper medical care, make sure you are totally well, then consider settling. Get you a good PI lawyer to advise you. if you came to me a week after an accident I would offer you some trifle on the theory that your injury is a trifle.
Answered on May 02nd, 2013 at 2:27 PM

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You will generally fare better if you engage counsel to deal with the insurance company for you than if you attempt to outwork or outlast a seasoned insurance adjuster on your own. Counsel can assist you in assuring you are properly compensated for the damage to your vehicle and any contents like the child car seats, and to maximize your recovery for the bodily injury to your spouse and, if applicable, to the children. It is not uncommon for someone to be so grateful it wasn't a worse accident that they overlook a compensable injury.
Answered on May 02nd, 2013 at 2:00 PM

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Administrative Law Attorney serving Phoenix, AZ at Jennings, Strouss & Salmon, P.L.C.
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It is not possible to tell at this point how much your wife's personal injury claim is worth. The settlement amount will primarily be driven by the amount of medical bills your wife incurs. A word of caution, do not settle the personal injury claim until your wife has finished all her treatments with her medical providers. Negotiating with an insurance company by yourself can be pretty one-sided. I recommend hiring an experienced personal injury attorney to help you with your claim.
Answered on May 02nd, 2013 at 1:59 PM

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Personal Injury Attorney serving Boston, MA
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One cannot determine the value of her potential claim at this point. As you said, it just happened a week ago, and you don't know how long she will be hurt. For example, will she treat for 3 weeks or 6 months? Will she have any permanent injury as a result? What are her medical bill costs? Does she have lost wages? These are all questions that must be answered to properly ascertain the true value of her pain and suffering claim. I suggest you contact an experienced attorney for a free consultation.
Answered on May 02nd, 2013 at 1:59 PM

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James Eugene Hasser
With the property damage, yes, but with the personal injury, no, not until she heals up enough to not need regular treatment and the doctor can determine if she has anything permanent wrong. I usually recommend the client go ahead and settle the property damage claim. Just be sure that any release she may sign is only for property damage and leaves the injury claim open. In Alabama, you are entitled to the cost of repair, plus diminishment in value or the value of the vehicle, whichever is less. If it looks like she may have something permanent you may want to go ahead and talk with an experienced accident lawyer.
Answered on May 02nd, 2013 at 1:58 PM

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NA richard@jandjlaw.com
First, the insurer for the following car should promptly pay to fix your car and provide you a rental during repairs. The property damage claim can and should be promptly resolved. Second, the insurance on your car should include Personal Injury Protection (PIP) that is a a no fault coverage you paid a premium for and you should not hesitate to use to pay the medical bills, earnings loss (there is a two week period from the DOI where PIP won't pay earnings loss) and home care. Your PIP insurer will be reimbursed later by the at fault insurer. Third, there is no rush at all to try to settle the bodily injury liability claim. The limitation of action statute for adults in WA. is three years from the DOI. You can't evaluate the injury claim until the person has stabilized and finished treatment. Even if the injured person is feeling well after say three months you should always wait at least six months minimum to see how things go. There may well be flare ups. Fourth, consult an experienced injury lawyer as even after you pay the lawyer you are still likely to net more in your pocket than if you try to represent yourself because you have no leverage on your own.
Answered on May 02nd, 2013 at 10:26 AM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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Contact a lawyer immediately. There may be limited insurance on the at fault driver and, depending whether the people in the car your wife was pushed into we're hurt, a competition for the at fault driver's insurance. As far as value, it will depend on how well (or not) your wife recovers, the amount of treatment and the nature of any permanent injury. There is a three year Statute of Limitations from the date of the collision in Washington State, the time in which she must file a lawsuit or it will be forever barred, but given these circumstances it would be advisable you contact a lawyer promptly.
Answered on May 02nd, 2013 at 10:26 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Unless her doctor says that she has sustained a permanent injury from the accident (which he will not be able to do for quite a few months) then she's not entitled to anything for non-economic damages.
Answered on May 02nd, 2013 at 10:25 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Really can't evaluate value until your wife's injuries have been diagnosed, treated and resolved. You really want her to attain pre-accident status. Once she has gotten to that status, than use her medical specials and demand for settlement purposes 2-3 times the meds and see what they offer.
Answered on May 02nd, 2013 at 10:25 AM

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Car Accidents Attorney serving Warwick, RI
You need to hire a personal injury lawyer. The insurance company has no interest whatsoever in fairly compensating your wife. There are no laws that require the insurance company to tell you that you are even entitle to compensation, much less how much. The amount of the settlement is function of time and treatment. How long and what type of treatment is necessary for to get back to how she was prior to the accident (maximum medical improvement). This is assuming that there are no permanent injuries, which involves and entirely different calculation. Ultimately, people who hire attorneys receive nearly 3x more in compensation that those who try to handle the case themselves. I other words the attorney will get you far more that you will have to pay in fees. Please feel free to contact me right away.
Answered on May 02nd, 2013 at 10:23 AM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on May 02nd, 2013 at 10:23 AM

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Your wife, as well as the other passengers in the car, may have a claim against the driver of the car who rear-ended your wife. In addition, depending upon what your insurance you and your wife carried on your vehicle, your auto policy may pay for medical treatment for your wife and children. You should contact a lawyer right away to determine what your rights are with respect to the insurance policies at issue and against the driver of the car who hit your wife's car. There are many factors in determining the value of the case and a settlement is never guaranteed. Additionally, there are other considerations in the value of the case, such as the limits of the insurance policies at issue and, potentially, whether the driver of the car who hit your wife's car has assets which could be used to pay for damages over the amount of the insurance coverage available to pay for your wife and children's potential claims.
Answered on May 02nd, 2013 at 10:23 AM

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Automobile Accidents Attorney serving Portage, MI
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You need to speak with a lawyer. Call my office for a free consultation.
Answered on May 02nd, 2013 at 10:23 AM

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