Legal Question in Insurance Law in Missouri

settalments

after breaking my back in a car accident that was not my fault, what kind of settalment can i look forward to after paying my 16,000 in medical?


Asked on 3/01/04, 11:09 am

3 Answers from Attorneys

John Page Attorney John Page

Re: settalments

This is a complex question to answer. You should speak with an attorney as soon as possible. Many factors go into the amount of a settlement. Physical therapy. Future surgery. Etc. Call me at 1 800 675 3222. Or email me at [email protected]

John J. Page

Attorney at Law

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Answered on 3/01/04, 11:19 am
Spencer Farris The S.E. Farris Law Firm

Re: settalments

This is a complicated area, and not one easily answered in email. That being said, I hope this is helpful.

First and foremost, how much insurance did the other person have? You are unlikely to get a settlement, without an attorney, of more than their coverage. So, if they only have $25,000, the minimum in Missouri, that would be the extent of your recovery. If the defendant is a corporation or person with assets, there may be ways to increase this amount. Likewise, if the coverage is more, you could recieve more by settlement.

As for repaying your medical bills, you may not have to. If you have health insurance, they should pay your bills. Health insurance payments typically do not have to be repaid to the insurer, although there are exceptions. Even so, the insurer will get a discount that you will not get directly yourself, so you are better off having the insurer pay your bills and then negotiate repayment to the health insurer later, if necessary.

Finally, you need to consider several factors to determine a fair settlement- the extent of your injuries, including permanent disability, lost wages, medical expenses, and need for future treatment. To evaluate your claim, you also need to know about the venue where a lawsuit would be filed- remember tha claims adjusters look at your case as though it were a lawsuit before a jury, and try to pay less than a jury would award.

I hope this is helpful, but I am willing to speak with you, without cost or obligation, if you need more info.

Best Wishes.

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Answered on 3/01/04, 12:42 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: settlements

First of all I am very sorry that you were so seriously injured through no fault of your own, and no matter what else happens I hope that you do receive a fair amount of compensation for you injuries and other losses. I believe it would be inappropriate for an attorney to throw out a figure valueing your claim or cause of action for settlement purposes without first obtaining a great deal more information. Of course the exact facts of the collision itself would be crucial. The exact nature and extent of your injuries, including any permanency and your prognosis must be fully developed. Property damage, lost wages or other income, the loss of your enjoyment of life or other intangibles may also come into play. The location where the collision happened, and who the defendant is may effect the value greatly. How much insurance does the other driver have? Was the other vehicle a company vehicle or was it being driven on the job by an employee? What insurance company is involved for the other driver? What have juries done with similar facts in your jurisdiction and in the venue where any suit may be brought on your behalf? These and many other factors should all be investigated and analysed before placing a value on your damages for settlement purposes. I do certainly hope that you already have a competent attorney under contract and working for you. There is no doubt that you need the very best attorney you can obtain. If you are not already represented you may call me for a free consultation at 314-727-2822 and I will do everything I can do to be of assistance to you. In any event. I wish you the best of luck in all things.

Michael R. Nack

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Answered on 3/01/04, 1:09 pm


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