Legal Question in Personal Injury in California
How are settlements determined
I was hit by another driver June 11, 2002. My car was ''totalled''. I was taken to an emergency room by ambulance. Fortunately my injuries were only soreness and pain from the air bag, a lump on my forehead from hitting the steering wheel and flashes in one eye from a mild concussion. These were pretty much gone after 3 months. My total medical bills were $3988; I lost pay of $576.
The other driver's insurance company has offered $5600.
Is this a fair amount?
6 Answers from Attorneys
Re: How are settlements determined
The $5600 is a little low and conservative. Probably $6500 to $7500 is a bit more in the ballpark. I'd need to know more about the injuries and the composition of the medical bills.
And to see photos of your vehicle. If you are in the Orange County area, I could talk with you further without charge. Sam Eagle 714-963-5123.
Re: How are settlements determined
Probably not. With that much in medicals and three months of recovery time, you should be seeking maybe twice that offer. An attorney may be able to get you a higher net recovery, even after factoring in a percentage for the attorney. If interested, contact me.
Re: How are settlements determined
This offer seems low. However, If you retain an attorney, and he takes 1/3 of the settlement, then you need to get at least $7,500 to net the same amount. It seems from what you have provided, you should get that amount in settlement, but maybe as much as $10,000.
Re: How are settlements determined
The offer may be low, considering you probably need to pay back the medical provider (or medical insurance) for your medical bills and you also need to make sure your property damage total (to your car) will be covered as well--once you sign the release, they owe you no more money for any reason.
Attorneys usually negotiate with the medical providers to pay a bit less than the full bill, so it's worth seeing if you can do the same. Otherwise, you may wish to contact an attorney to try and negotiate a higher recovery.
Remember that the statute of limitations for making a claim against government agencies is six months, and against all others is two years (one year for incidents occurring prior to 2003).
Re: How are settlements determined
As usual, you seem to be the victim of an affliction that most insurance adjusters suffer these days, it is called "insurance low-ball syndrome." It is a nasty virus that is only cured (defeated) by retaining a lawyer.
Run to your nearest clinic (law office) and get your vaccination (consultation) against this financially deadly virus.
We too, offer such vaccinations at no charge. Please call at your convenience (323)782-0099
Re: How are settlements determined
Settlement values are determined using a variety of factors (past history, age, medical bills, etc.). It seems that from the facts you have provided that you could definitely obtain a better settlement than you were offered. An attorney would need to review you case more thoroughly to determine what a more reasonable settlement value to you case would be.
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