Legal Question in Personal Injury in Ohio

Car Accident Settlement

Good Morning. I was involved in a car accident a few months ago. The man that hit me was at fault and was cited by the police. I did go the the ER after the accident and then saw my doctor. I had some pain after the accident and my doctor prescribed some physical therapy. I went about 5 times and now my pain is gone. I have been released by my doctor. My medical bills totaled approximately $2,000.00. My lost wages totaled approximately $900.00. The man's insurance company has made me the following settlement: Pay the medical bills; pay my lost wages of $900.00; and an additional $3,300.00 for pain/suffering etc. My car was totaled due to this accident and his insurance company did pay that off as well as providing me with a rental during the time it took them to decide to total my car. My question is: is the monetary settlement that his insurance company is offering me an acceptable settlement? Thank you for your response.


Asked on 10/03/02, 8:35 am

2 Answers from Attorneys
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Re: Car Accident Settlement

Dear Mr. Jacobs,

It is always difficult to determine whether the amount of the settlement offer is fair. However, if you only had 5 physical therapy visits and no follow-up and are doing fine now, the offer seems fair since you avoid the necessity of hiring an attorney. The attorney will charge 33 1/3 % of the total recovery and thus in order to net what you might receive now you would need a much larger settlement. Based upon what you have presented I would say that you best situation would be to settle now rather than push forward. Keep in mind the recovery for your pain and sufering is non-taxable while the amount of the settlement for recovery of lost wages may be taxable and thus reportable. Check with your accountant.

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Answered on 10/07/02, 10:54 am
Joseph Jacobs Jacobs & Lowder

Re: Car Accident Settlement

That is a good dollar figure ONLY if you are ABSOLUTELY SURE THAT YOU ARE TOTALLY HEALED AND WILL NEED NO MORE DOCTOR VISITS OR TREATMENTS OF ANY KIND.

Call me directly if you like:

Joe Jacobs 216-227-0900 216-952-1990

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Answered on 10/03/02, 12:08 pm


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