Legal Question in Personal Injury in California
What is an appropriate settlement amount?
Last year, my wife's car was hit by a guy running a red light. Her car was a total loss. She was seriously hurt (broken arm, separated shoulder, cracked ribs, etc.) None life threatening or permanent disability, but she is still in pain months later. She was the only person in her car. Liability is no issue, other side admits that. There is no lost income involved.
We have a lawyer who recommends we ask $60K for settlement. After legal fees and medical bills, that would leave her $35k, if the other side agrees to $60k. She thinks the settlement should be much higher for her pain and suffering. Our lawyer says an Orange County jury will not award much more than that at trial. Is he correct? What is a reasonable settlement? How do I find what other similar cases are settling for in this area?
Thank you for your assistance
4 Answers from Attorneys
Re: What is an appropriate settlement amount?
it is very easy for any of us on this board to second guess your attorney. not knowing all of the facts and factors, however, no one can, for sure, tell you that he/she is right or wrong. yes, it is true that for the last several years, jury verdicts, especially on auto cases, have declined, the value of each case is different, and depends upon what tangible residual injuries your wife's treating doctors can convince the jury about.
any of us here would need to know the above, as well as review the medical reports, the defense expert's reports, etc.
Re: What is an appropriate settlement amount?
Mr. King is right. There are many factors involved, including the nature & extent of her injuries, their lasting effects, the defendant's ability to pay, etc. You need an experienced serious injury attorney who will maximize the recovery to your wife. Best wishes and feel free to contact me with any questions at no cost.
Re: What is an appropriate settlement amount?
There are not enough facts to help you on the evaluation of the case. On it's face, it sounds a little low. There is a book called O'Brian's Evaluator which lists all the jury verdicts in California and some settlements. We have these for the past 5 years if you would like to review them. Make sure your attorney is an experienced personal injury attorney willing to take your case to trial if you do not get the settlement you are looking for. Good luck.
Steven R. Kuhn
Attorney/Mediator
Law Offices of Kuhn & Belz
30900 Rancho Viejo Road
Suite 230
San Juan Capistrano, CA 92675-1771
(949) 218-6600 Ex. 101
(949) 218-6500 (Fax)
www.kuhnbelz.com
Re: What is an appropriate settlement amount?
$60,000 is pretty low given the injuries you describe. In my view this is a 6 figure verdict even in Orange County.
You may want to consider changing attorneys to one more enthusiastic about the idea of trying this case.
By the way, you don't mention the amount of insurance coverage. This may be a factor coloring your attorney's recommendation.
Also, it is possible to negotiate the medical liens to reduce the amounts so as to enable the settlement to occur.
Hope this helps. Obviously, this opinion is based upon the facts as you present them in your question. The evidence may be more equivocable. This would also affect any attorneys recommendations regarding settlement.