Legal Question in Personal Injury in California

Re: Acceptable settlement?

You are without fault in this accident and that is helpful in determining the value of your claim. However, we do not know the name of the insurance company and some are more difficult than others. Assuming it is not one of the more difficult companies to deal with, you should get 100% of your lost wages with good verification from your employer, even if you had to use sick time or comp time. For $3000 in chiropractic treatment, it is true that years ago the rule was "3 times the medicals." Most companies have gone away from that and look at the type of treatment (examinations versus actual treatment) to see if you were really in pain or just having someone look you over. The more actual treatment and less examinations or x-rays, the higher the value of your "pain and suffering." Know that the company is just beginning negotiations and will pay more than their first offer. So, I recommend that you start high, say $12,000, pointing out the significant collison, no fault on your part, and see what they say. If you eventually have to hire an attorney, make sure that their fee is based only on what amount they can get you OVER what the insurance company last offered you. The attorney should not share in what you have negotiated yourself.

Re: Acceptable settlement?

Three times of your medical bills plust lost wages.

Re: Acceptable settlement?

There is no real way to calculate pain and suffering. There's no logic to it. What is the value of getting punched in the face? What is the value of having neck pain? Who knows? When one person causes another to suffer, we try to make the injured party whole again and there's no science to calculating the amount. It would eventually come down to a jury deciding how much money it would take to imrove a person's life in an amount equal to the amount of discomfort the person experienced by way of pain and suffering. Sound like muck? It is.

However, as time went by, some of the world began to decide that three times a person's medical bills was a decent measure of pain and suffering. That number was easy to get years ago, now insurance companies are less likely to offer that much.

They've offered you less than one times your meds. That's a typical first offer and you should be able to get more. You'll probably get more if you have a lawyer, even after you pay him a cut of the recovery.

Best of luck.

Re: Acceptable settlement?

One pulls numbers out of thin air, just like the insurance company did. Every case if different and based on the facts. If YOU don't think it is enough, then it should be negotiated higher. That is what your attorney is for.

Re: Acceptable settlement?

Hi,

Sorry you were hurt! Unfortunately, there is no formulaic answer to your question. Personal injury damages are dependent on many case specific factors, so I will need a lot more information to help you determine a fair settlement. Moreover, the insurers will probably victimize you a second time if you try to litigate this yourself. Sadly, that happens all the time. You need our strong litigation team to help you get the money you deserve. Call me at your earliest convenience.

Have a great day and God Bless!

Russ

A. Russell Martin, Esq. (SBN 226244)

MARTIN & McPHERSON

Attorneys at Law

3925 Spring Hill Road

Petaluma, CA 94952

Phone: (415)364-1604

E-Mail: [email protected]

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A. Russell Martin, Esq. (SBN 226244)

MARTIN & McPHERSON

Attorneys at Law

3925 Spring Hill Road

Petaluma, CA 94952

Phone: (415)364-1604

E-Mail: [email protected]