Legal Question in Personal Injury in California

Re: Settlement Offer

Iwas injured in an auto accident 2 years ago. The other driver was cited and his insurance has paid my property damages of $8500. Hard medical expenses are $30,000. "Soft" expenses include gas costs of trips to more than 250 doctor/physical therapy appointments plus $0.15 per mile for several thousand miles to/from those appointments per my car lease agreement. All of these appointments, in addition to the physical injuries, prevented me from working at all for a year and only on a part time basis for another 6+ months. In mediation, the insurance company offered a settlement of $30,000. Obviously, this will not pay medical and legal costs both so my attorneys have "bought down" my medical bills and I will receive a couple of thousand dollars. My attorneys (corporate) tell me that I am being screwed but I can lose much more by going to court. Is this typical?? Should I expect better?


Asked on 5/24/00, 4:29 pm

2 Answers from Attorneys
Dean Gordon Law Office of Dean B. Gordon

Re: Re: Settlement Offer

It may be that the defendant's policy limits were only $30,000.00. If that is the case, you might be able to obtain additional compensation from your own insurer if your Underinsured Motorist limits are greater than $30,000. If your UIM limits do not exceed $30,000, you might request your attorney to run an asset check on the defendant to see if he may be able to pay more than his policy.

In any event, you need to discuss this matter with your attorney to find out why the insurer is offering only $30,000.

THIS IS NOT INTENDED TO BE LEGAL ADVICE. CONTACT YOUR OWN ATTORNEY.

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Answered on 7/05/00, 1:07 pm
Jonathan Colman Jonthan H. Colman and Associates

Re: Re: Settlement Offer

Ordinarily, an injured plaintiff is compensated for medical expenses, income lost and additional "general damages" to cover pain and suffering as well as the "soft" expenses you described. It is difficult to tell why the offer is what it is. Were you present for the mediation? Did you discuss the reason for the offer with the mediator? Did the mediator (neutral) suggest what the case was worth. Mediation is a voluntary forum, so you would not be bound to the settlement without your consent. You may wish to have the matter reviewed for a second opinion before agreeing to a settlement that you are not comfortable with.

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Answered on 7/05/00, 2:16 pm


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