Legal Question in Personal Injury in Pennsylvania
car accident settlement
I was in a car accident and have not been able to work for 7 months so far--under doctor's orders. The accident was in a suburb of Phila,Pa. I suffered severe soft tissue injuries--head, neck, back, buttock, thigh etc-all over and ptsd as well..Went to physical therapy every week.. Have seen medical doctor --every couple weeks (as I live in NYC and travel down to see treating doctor..and was seeing my psychotherapist.. And applied for ss.. The accident was not my fault.. I was in a rental car and was hit by someone who apolgized profusely to me for what he did and then fabricated a story to his insurance co. I have pix of damage to my car, clearly showing his 100% liability..Do you have any suggestions and any idea what this is worth..
5 Answers from Attorneys
Re: car accident settlement
I am sorry for your injury. The truth is, the money will never fully compensate you for your pain and injuries.
However, it has been said, 'throwing money at a problem never solved anything. But it sure makes it easier to live with'!
My first point is: have you applied for social security benefits? It's not much money, but it does help.
Second, you need to file something with a court to begin 'discovery'. You need to know what insurance, if any, the fellow had. It is likely he had a minimum. So you need to know if he has any assets if you receive a judgment greater than his maximum insurance.
Also, You need to know 'his story'.
Having been injured and filing a lawsuit is the beginning of the process.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
Re: car accident settlement
It is imposwsibleto know the value without knowing further details of your injuries and how they have effected your daily life style. In addition, Insurance Companies deal with unrepresented claimants much different than with attorneys because they know that you do not know the value and you have limited abilities in filing lawsuits. So, they can drag this out forever.
Re: car accident settlement
Its difficult to say what your case may be worth from the information you posted. However, my firm handles these cases on a contingency basis and we also have good personal injury attorneys in PA that we could refer your case to if there is no jurisdiction in NY. Please call me at 212-622-7180 if you wish to discuss your case.
Re: car accident settlement
I have an well-worn FAQ answer for this, which may help you understand why no responsible attorney is able to any your question other than to suggest that you need an attorney.
WHAT'S MY CASE WORTH?
Many factors go to determine the ultimate settlement value
or jury verdict in a given case. These factors include the
seriousness of the liability, the extent of physical damage to
the vehicles, the credibility of witnesses, the personality of
the parties, the limits of available insurance, the law of the
jurisdiction, the region (city juries are reputed to be more
generous).
On an initial meeting with a new client, most responsible
attorneys will decline to give a dollar estimate. It is
impossible to predict how long or difficult recovery from
injuries will be, what long-term impact there may be on earnings,
what the liability picture will look like when all the facts are
in, or what insurance coverage is available. The attorney knows
that if he gives a "best case" figure, he may create unrealistic
expectations; but if he gives a conservative number, the client
may be turned off and go elsewhere.
If you have suffered a serious injury, you may, and probably
should, meet with several different attorneys. You may find them
very anxious to "sign up" your case, and they may be tempted to
give you an optimistic estimate of what you could expect to
recover, in order to persuade you to retain them. But there is
no relationship between an attorney's ability to obtain the best
possible result, and that attorney's initial estimate. As
stated, because it is impossible to give an honest estimate at
the beginning of a case, many of the best attorneys will not do
so. The best course is to select an attorney who you are
comfortable with, who gives you a feeling of confidence, and who
comes well-recommended.
SHOULD I TRY TO DO IT MYSELF?
Obviously, a doctor is not going to recommend that you
diagnose your own illness, and a barber is not going to tell you
to cut your own hair. But most lawyers in this business have
seen enough cases where claimants proceeding without counsel have
made damaging statements, lost important evidence, or undercut
their bargaining position. In short, it's a mistake to think
that you can always fall back on going to a lawyer if you don't
get a satisfactory offer; it may be too late by that time.
The insurance company adjusters are very skilled and
experienced in trying to minimize the value of a claim or defeat
it completely. They love "D.I.Y." claimants. They know they
have a good chance to settle the claim for less than half of its
real value. In short, the additional value which can be
recovered by an attorney, who can navigate the maze of
interlocking coverages and identify all potential sources of
recovery, will more than cover the 40% fee.
Re: car accident settlement
Attorney Marvin has a very very good response to your question. The only difference is that in NY, attorneys 's fees are generally 33 1/3 %, not 40%. And certainly it appers that you case might be brought in a NY court.
Contact me with any questions.
Good Luck
RRG