Legal Question in Personal Injury in Missouri

Re: settlement

What is fair is governed in large part by the seriousness of the injuries you received. There is no "magic number" that defines when a settlement is fair and reasonable. But keep in mind that if you settle for a small amount, and later find out you were hurt worse than you thought, you'll have no remedy for additional compensation. For this reason its important to settle the claim properly.

Have you been to a competent physician to be evaluated for injury. Many times back injuries are subtle and do not manifest themselves for weeks or even months after the accident. You need a good thorough evaluation by a good physician to determine if there are hidden injuries that you may not be aware of.

Once you've checked with a physician and know the extent of the injuries, the real question is: what is different today than before the accident. Sure you lost time from work, but has your earning capacity been diminished? For example, if you work construction, can you still pick up everything you need to pick up? If there are permanent injuries that affect your ability to work, these must be compensated.

As you can see, there is not an easy or simple formula to calculate what is "fair" -- but one piece of advice -- insurance companies never think what you think is fair is fair. Sometimes you have to take them to court.

Best of luck with your claim.

Re: settlement

you need to wait until all medical treatment has been completed, evaluate the nature and extent of the injury as set forth in a detailed medical report and then make an informed demand on the insurance company. I do this everyday. I can help give me a call at 314 725-8000.

Greg S. Kessler

Re: settlement

Both of the previous replies offer sound advice. There is no "formula", and no easy way to tell you what your claim is worth without further information. Attorneys use the phrase "nature and extent of the injury" to cover a variety of factors. You may be entitled to compensation based in part upon the amount of medical bills you have incurred whether or not the bills were actually paid by your own insurance. If you lost time from work you may be entitled to compensation for "lost income" whether or not you received sick pay. You may be entitled to compensation based upon some "permanancy" of your injury, or based upon scarring or disfigurement in certain cases. There are often other incidental or intangible losses for which you should be compensated such as "pain and suffering".An attorney who handles such matters regularly and competently should be able to place a proper valuation on your claim for purposes of discussing settlement with the insurance company which will result in your receiving fair compensation even after the attorney's fees are deducted form your settlement. Often we have had other claims similar to yours, have dealt with the same insurance company, and know what a jury would be likely to award you in the event that you took your claim to court. My advice would definitely be for you to consult with an attorney of your own choosing before taking any further action. If you would like a free telephone consultation, you may call me at 314-727-2822. Thank you.