Legal Question in Personal Injury in California

Reasonable Settlement Expectation

My husband was hit by a car. The report states that the driver was 100% at fault. He broke his collarbone and three ribs and was off of work for two months.

We are waiting for the first bid for a settlement from her insurance company.

What is a reasonable amount for us to demand?

Thank you


Asked on 7/30/01, 2:32 pm

8 Answers from Attorneys

Stephen Gibbs Law Office of Stephen Gibbs

Re: Reasonable Settlement Expectation

As the other attorneys who have replied already have explained, the amount of a settlement in a case can have many, many variables.

As the last attorney noted, a settlement demand should include compensation for both economic losses (such as past and future medical bills and wage loss) and non-economic damage (such as pain, scars, inconvenience, and altered lifestyle) and he detailed the factors quite well.

The other driver's policy limit is important because if he only has a $15,000 insurance policy and no assets, then that may be all the case is worth, unless you have Underinsured coverage.

You have a very complex case which potentially may have a value easily in excess of $100,000. If you try to handle this yourself, you will not obtain anywhere near the true value of the case. If you live in Northern California, please feel free to call me at (408) 295-8282 for a free, no obligation consultation.

Steve Gibbs

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Answered on 7/31/01, 3:04 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Reasonable Settlement Expectation

BASED ON THE LIMITED AMOUNT OF INFORMATION YOU GAVE, THERE IS NO WAY FOR ANYONE TO TELL WHAT IS A PROPER AND FAIR SETTLEMENT FOR YOUR HUSBAND. THERE ARE FAR TOO MANY NUIANCES AND VARIABLES IN EACH PARTICULAR CASE. FOR EXAMPLE, WHAT WAS THE TOTAL AMOUNT OF HIS MEDICAL BILLS; IS HE STILL UNDER MEDICAL CARE; WHAT IS THE VALUE OF HIS WAGE LOSS AND HAS HE HEALED UP ONE HUNDRED PERCENT OR ARE THERE STILL RESIDUALS?

YOU SHOULD CONTACT A PERSONAL INJURY ATTORNEY A.S.A.P. FOR A MORE DETAILED CONSULTATION, IF YOU ARE IN THE SOUTHERN CALIFORNIA AREA, I WOULD BE GLAD TO PROVIDE SUCH A CONSULTATION FOR YOU.

SINCERELY, SAM M. EAGLE, ATTORNEY AT LAW,

10101 SLATER AVENUE, SUITE #218, FOUNTAIN VALLEY, CA 92708; TELEPHONE: (714) 963-5123

FACSIMILE: (714) 964-9993

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Answered on 8/03/01, 12:38 am

Re: Reasonable Settlement Expectation

All of the previous replies by other attornies contain sage advice, find a lawyer in your area and soon! There are many factors at issue in the question you have presented. As one attorney responded, the insurance companies (including your own) have attorneys to protect their interests. So should you. This may just sound like attorneys trying to get each other work, but it sounds like your spouse has suffered extensive injuries. You need a representative on your side too. As previously suggested, I would advise that you not speak with the adjuster other than to say you are seeking advice of counsel. Interview several attorneys in your area and retain one. Given the nature and extent of the injuries, you should be able to retain an attorney on contingency basis quite easily. If you have any questions, please do not hesitate to contact me at 310-385-8620.

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Answered on 7/31/01, 5:30 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Reasonable Settlement Expectation

You should immediately seek an attorney. I worked for insurance companies for years and now exclusively represent victims against them.

Please call me at (800) 500-0602 and I will fight for you.

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Answered on 8/03/01, 2:38 am
Houman Fakhimi Fakhimi & Associates

Re: Reasonable Settlement Expectation

You probably need an attorney to do the negotiations for you. The settlement depends on a variety of factors.

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Answered on 7/30/01, 4:02 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Reasonable Settlement Expectation

There are a number of factors that go into determining a settlement amount. I would need to know what treatment was rendered and the cost of same. I also need to know the prognosis given. Your husband's rate of pay would also be needed. Is there any permanent injury? I practice in Indiana and California.

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Answered on 7/30/01, 6:46 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Reasonable Settlement Expectation

Lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. You need to obtain representation immediately so as to have the reserves set at the highest possible level. Moreover, don't talk to the adjuster!!! Everything you say will be used to minimize your claim or skirt liability. The insurance companies have attorneys to protect thier rights, why don't you? Please contact me directly at (619) 222-3504.

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Answered on 7/30/01, 7:33 pm
Russell Kohn Kohn Law Office

Re: Reasonable Settlement Expectation

Generally, a demand should include compensation for both economic losses (such as past and future medical bills and wage loss) and non-economic damage (such as pain, scars, inconvenience, and altered lifestyle). I presume you want to know the amount to ask for the later, since you did not specify the amount of medical bills or wage rate. The amount that will fairly compensate for non-economic damages will usually differ from person to person, because the effect of the injuries will be different. A lot depends on the residual pain and disability involved, how much the persons lifestyle has been impaired, and the type of lifestyle involved. If a person can no longer sleep without pain, he should get more than one can sleep comfortably. Thus, a fair amount could be $50,000 to one person and $150,000 to another depending on the specific facts. Other factors may also come into play, such as the other driver's policy limit. These are general comments only. If you have further questions I can be reached at (800)721-8183.

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Answered on 7/30/01, 11:07 pm


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