Legal Question in Personal Injury in Georgia

I am negotiating with an auto ins. co. regarding a car accident I was in. My total medical, RX, mileage and loss wages total about $9700.00. What is my claim worth? I have used the basic calculations to come up with the starting point for my demand letter, and the they came back offering only $11,300 total, which is $2,000 for pain and discomfort on top of the medical expenses. I was treated for 30 days..had MRI, CT, Xrays, injections, meds, and 4 doc visits. I counteroffered and they came back with only $200 more! I need help with determining what my case is really worth and how much I should demand at this point. I left at $29,000 but they are sticking with the $11,500 at this point. I know I don't have to settle but need help getting them to go higher. Thanks.


Asked on 9/01/10, 3:36 pm

4 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You need a Georgia personal injury lawyer to represent you IMMEDIATELY. You cannot obtain the type of information you seek on this website. A lawyer will need to review your medical records, any offers from the insurer, and THEN make a determination about how much your case is worth. Insurance companies will only negotiate to a certain point with non-represented victims because they are taking the risk that you will go to court without attorney representation, which is simply foolish.

If you would like a referral for a plaintiff's attorney, I would be happy to provide one. Best of luck.

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Answered on 9/06/10, 3:44 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

One NEVER should negotiate a claim with an insurer without counsel. As you have found, insurers generally offer FAR less to an unrepresented party.

At this point, CEASE all talking with the insurer. I cannot promise that you will do better with a lawyer as you may have damaged your case beyond repair with the information you have supplied and how you structured it. A good lawyers demand package can often increase the value of a claim.

There is no standard calculation for damages, as it works differently with different insurers, but with that many medicals, you may be able to do better.

Feel free to call me for a free consultation to review your case and determine if we feel we can help at all at this point. Beware that there is a statute of limitations, and if you let that pass, your claim then is worth zero. Our number is 404.768.3509 and we can handle cases in most of the state.

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Answered on 9/06/10, 3:53 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

No one here knows what your case is worth, and you didn't even tell us the injuries (if any). In many cases, the number you got would be great if there were no real injuries. You can go it alone and take the risk, or hire a lawyer. Make sure you factor in the 30-40% fees a lawyer will take off the top of any settlement or recovery.

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Answered on 9/06/10, 4:02 pm
Ronald Arthur Lowry Ronald Arthur Lowry

You need a lawyer experienced in handling personal injury matters ASAP. Stop talking to the insurer who is only going to lowball you since you do not have an attorney and are (to the insurer) a toothless tiger.

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Answered on 9/07/10, 10:47 am


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