Legal Question in Personal Injury in Idaho
settelment without a lawyer
I was injured in a car accident at the fault of the other driver. I had back surgery 2 months after the accident. I do not want to hire a lawyer to settle my claim. It has now been 6 months since my surgery and I want to settle my claim. How much should you expect to get in a settlement for this type of injury? Can I just negotiate with the insurance adjuster? Is there a cap on the amount of payment to me depending on the other drivers insurance?
1 Answer from Attorneys
Re: settelment without a lawyer
The law provides you with the right to be fully-compensated for all the losses arising from your injuries. There is no magic number that a particular claim is worth. Each person's claim must be evaluated in the light of that person's lifestyle and losses.
People who want to sue are rare--and lawyers don't want those people as clients. Lawsuits are simply a way to resolve a conflict. However, if you try to negotiate a settlement without a lawyer involved, you present no risk of litigation to the insurance company. This places the insurance comapny in a stronger bargaining position.
In the mid-1990s Allstate Insurance did a study that established that people who are not represented in injury claims receive between 1/3 and 1/2 as much as those who have a lawyer protecting their interests. The reality is, just as in a complex real estate transaction, injury claims present numerous sophisticated legal and medical issues that need to be assessed and evaluated by professionals. The ultimate issue in getting to a FAIR settlement is what is it likely that a fair-minded jury would award you based on a presentation of the relevant evidence. Every day insurance companies take advantage of people without the knowledge to answer that question.
Your question itself shows you will be a subject to manipulation by an adjuster during negotiations. For example, your "cap on damages" question presents a plethora of interesting legal and strategic questions about the case situation, may bring into play your own insurance coverage and could actually be the driving force in reaching a settlement.
Don't feel bad, adjusters are professionals who know how to keep the settlement figures low. Even one that is not good one can get you to accept an offer that is well below a fair settlement value.
Do it yourself lawyering, liki do it yourself electrical work can lead to shocking results.