QUESTION

What is reasonable to expect for settlement?

Asked on Sep 16th, 2013 on Personal Injury - Indiana
More details to this question:
My wife was injured at work. While driving home from a patientโ€™s home. She is a hospice nurse and just left, a clients home pronouncing him dead and was rear ended. Long story short taken to hospital, broken ulna (arm) and rib. Lots of pain. Obviously it's a workmanโ€™s comp case so she's all set there I guess. But what should she expect or should she except for a settlement? $25K? $50k? 100K? etc. She has been out of work for 2 and a half months. They allowed her to go back to light duty with Major Restrictions Only ONE handed duties etc. which her work does not offer. So she's still out. They require her to life 50lbs. Does not have full use of her left arm and appears the broken ulna healed incorrectly bone was twisted? May need to be re-broken and set again? I realize there is NO answer in stone that can be given. But at least something to the effect of a minimum she should expect? Sheโ€™s 48 and may not be able to return to her job. Sheโ€™s not sure what she should settle for with the guys insurance company that hit her? And no idea what workmanโ€™s comp will give her?
Report Abuse

14 ANSWERS

Ronald A. Steinberg
You obviously recognized that she was badly hurt. Are you going to add to that hurt by handling the case yourself? Isn't she worth getting a lawyer?
Answered on Sep 30th, 2013 at 2:18 AM

Report Abuse
It depends on percentage of disability on each effected body part.
Answered on Sep 23rd, 2013 at 4:53 AM

Report Abuse
Rex A. Ziebarth
it is both an auto accident case and a worker's comp case, you should contact an attorney and discuss whether to file a lawsuit and a workers comp claim
Answered on Sep 19th, 2013 at 4:48 PM

Report Abuse
NA richard@jandjlaw.com
Did your wife have surgery for the fracture pins / screws / a plate put in Is it her dominant arm / hand. Will she develop post traumatic arthritis in the area of the fracture? Will she be able to continue with her work until normal retirement age. Will she need some future definitive treatment such as taking pins / screws out. Could be a significant case. You allude to levels of coverage. That may be the way the liability claim is resolved = the liability coverage limit of the at-fault driver increments sold are 25/50, 50/100, 100/300 250, 500, 1 mil plus umbrella coverages. Did you have Underinsured Motorist coverage on your car. IF I was you, I would get with a good P.I. lawyer in your area. L&I will pay medical bills and earnings loss. It has a statutory lien, but must share in the fees and costs of the 3rd party claim There is a statutory formula for disbursing the 3rd party settlement money.
Answered on Sep 18th, 2013 at 4:39 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
There is really no way to say based on the information you have given. If you are in SC, the workers comp settlement is based on her average weekly wage, the body part(s) the injured, the impairment rating the doctor assigns (which isn't done until she is finished with treatment) and how it affects her vocationally, from which a disability rating will be determined. Regarding the individual who hit her, it may depend on how much insurance the driver had (plus any under insured coverage you and your wife have). Insurance coverage is usually 25K, 50K, 100K, 150K, 300K or more. If the coverage is $50,000.00 or less, I would say eh claim is worth that. IT may be worth $100,000.00 or more, but it difficult to say without knowing the outcome from all of this (plus how much her lost wages and medical bills are)
Answered on Sep 17th, 2013 at 3:48 PM

Report Abuse
James Eugene Hasser
There are actually 2 potential claims here: a comp claim and a 3rd party claim. It's not so obvious to me that it's a comp case, though. However, if the employer's comp carrier has accepted it, then it's not an issue. This can get complicated as the comp carrier will have a lien against any 3rd party suit. I recommend she get a lawyer familiar with both comp cases and 3rd party cases.
Answered on Sep 17th, 2013 at 2:36 PM

Report Abuse
Personal Injury Attorney serving Boise, ID at Caldwell Law Group, PLLC
Update Your Profile
This case has several issues, first the personal injury issue and second the workers compensation issue. In Idaho, the workers compensation carrier has a right to be repaid from any money received from the insurance for the driver that hit your wife. The fact that your wife had, what sounds like serious injuries, means that valuation of the personal injury case may include issues like life expectancy, permanency of injuries or restrictions, future medical care and so forth. Consulting with an injury attorney who has experience in both personal injury and workers compensation would be time well spent.
Answered on Sep 17th, 2013 at 2:28 PM

Report Abuse
Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
Update Your Profile
Do not settle.
Answered on Sep 17th, 2013 at 2:27 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Your wife has a claim that is being handled as a comp case? that is good. driving home is not in the course and scope of her employment is it? some companies don't consider that course and scope. In any event a comp case is based on permanency as stated by the doctor, and is further based on the amount of time out and the average weekly wages. You will not likely get any large lump sum. You are l thinking about a liability case. this you say is a comp case, values and settlements are much different and lower you need a good lawyer. Don't try to do this on your own.
Answered on Sep 17th, 2013 at 2:25 PM

Report Abuse
Well, you're not as you say, "all set" because what you receive in the auto accident case will need to pay back the workers' compensation insurance company for whatever they've paid minus certain administrative costs and a pro rata share of lawyer fees and litigation expenses. As for the PI case your wife will receive a reasonable damage award but what little information you've provided does not help arrive at a fair valuation.
Answered on Sep 17th, 2013 at 1:34 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Assessment of damages in a personal injury case requires detailed analysis of liability, the injuries, and the effect of those injuries upon the individual. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. A "cookie-cutter" approach, a standard answer or a formula would be a disservice to someone such as your wife, who needs the help of an experienced personal injury lawyer. You throw around a bunch of figures as if it were some casual matter, yet you are trying to get free advice in a serious injury case. You cannot seriously expect any kind of meaningful answer based on one paragraph of information, coming from someone who has never met your wife, never seen any of her medical records and has no information concerning her loss of income or medical expenses. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. You don't even indicate whether she has reached maximum medical improvement. We don't even know how much insurance coverage the other driver has. And what's the law in your state concerning worker's compensation liens when there is the potential availablity of no-fault insurance involved? Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best result in your case
Answered on Sep 17th, 2013 at 1:34 PM

Report Abuse
Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
Update Your Profile
Do your wife a favor and go have a consultation with a local Michigan lawyer that handles auto negligence cases, as well as a lawyer that handles workers comp cases. Consultations are free and you can get a general idea of how the law works in these cases and what you can expect. Work comp generally pays for 2/3 of the lost wage as long as the loss continues and for all the medicals, when they honor a claim. Typically you keep collecting comp during periods of disability and/or retraining and don't settle with them. Sometimes you redeem a work comp case if you prefer not to have ongoing coverage for medicals and not continue to get the indemnity payments for wages, but only a lawyer that reviews all the facts, reviews all the medicals, especially re: the prognosis, can give advice as to whether a redemption makes sense or not (as well as the amount of same that would be fair). It is typical that a work comp insurer would not want to pay too many years of benefits forward to redeem a case. As to an auto neg case, part of the analysis depends on finding out the policy limits of the other owner/driver, whether there are excess limits, whether the owner/driver are collectible beyond the limits, etc. It is unlikely the insurer will discuss this with you, and maybe not even with your lawyer w/o suit being filed. There is also the interplay between work comp and Michigan No Fault that has to be considered re: medical payments if you are thinking of redeeming and your lawyer needs to carefully research the best way to make sure your wife continues to be covered should she need future testing and treatment. In my view, trying to process a claim like this on your own is a mistake.
Answered on Sep 17th, 2013 at 1:33 PM

Report Abuse
Thomas Edward Gates
Workman's comp has a schedule to determine any payment for injuries.
Answered on Sep 17th, 2013 at 1:33 PM

Report Abuse
Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
This forum is designed for general legal questions and not for fact specific issues such as case values. I suggest that you consider hiring local counsel.
Answered on Sep 17th, 2013 at 1:30 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters