Legal Question in Personal Injury in California
Compensation for Pain & Suffering
I was in an auto accident on 2/28/98. It was other parties fault, no contention. I thought I would try to handle legal aspect (i.e., dealing with auto ins. co) pro per. My question is: I was told once that the ratio of compensation for pain and suffering to medical bills was roughly 3 to 1 (I was also told 2 1/2 to 1 more recently). The insurance company (AAA) tells me these ratios are absolete and are initially offering compensation on a 1 to 1 ratio. Which assumption is correct? (Total medical bills were $4300.00, FYI) Thank you for any input you may have.
1 Answer from Attorneys
Re: Compensation for Pain & Suffering
I just got your question so I apologize for any
inconvenience this may have caused. I hope you haven't
settled with AAA for a 1 to 1 ratio. The ratio of
compensation, if you have an attorney is usually atleast
3 times your medical bills. But if you don't have an
attorney AAA will fight you all the way until you either
get an attorney or settle for alot less than what you
could get with an attorney. Your medical bills are
quit substantial and I would strongly advise getting
an attorney not only to handle your case with the insurance
company, but after your case is settled an attorney
can usually get your medical bills reduced and more
money in your pocket. If your personal medical insurance
paid your medical bills initially they have to reduce
their bills by one-third if you hire an attorney to
handle your case with the car insurance company. Also
so that you know you have only one year from the date
of the accident to either settle the case or file
a lawsuit. That date is fast approaching. I have
handled personal injury cases for over ten years.
I can handle your case for you on a one third contingency
fee basis. You have a pretty good case considering
your medical bills are pretty substantial. I need
to know a couple of things in order to give you an
estimate as to what kind of settlement you are looking
at with and without an attorney. I would be happy to
talk to you free of charge so that you can decide
whether you think it is worth hiring an attorney.
However, AAA is notorious for stonewalling until either
you break down and take next to nothing as settlement
or until you finally hire an attorney. I do know
one thing they will never settle for three times your
medical bills simply because you do not have an attorney
and they know you won't take it to court without one.
Please feel free to give me a call at 805-546-9909
or email me at [email protected] and leave your name and
number and I would be happy to call you at your
convenience. You do need to do something before 2/28/99
or else you don't get anything. I hope you decide
to atleast take advantage of the free consultation
before doing anything else.
Sincerely,
John Hayes, Esq.
John Hayes
The John Hayes Law Offices
P.O. Box 3003
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