Legal Question in Personal Injury in Pennsylvania

Settlement Amount for Auto Accident??

I was rear-ended while stopped at a red light and wearing my seatbelt. I was diagnosed with whiplash and a torn muscle in my back, which required physical therapy. I incurred $2100 in property damage, $311 in lost wages and $2k for medical expenses. The other guy's insurance paid for the property damage and offered me $1k on settlement. I do not feel that this amount is fair for my pain and suffering AND lost wages. How do I know what a fair figure would be?


Asked on 12/02/03, 4:40 pm

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

Re: Settlement Amount for Auto Accident??

First, I am assuming that you have "full tort" coverage. Otherwise, you would not be entitled to any recovery for pain and suffering. Further, your own insurance company is responsible for your medical expenses, up to at leeast $5,000. and your wage loss, if you have that coverage.

As to how much your case is worth, I suggest you consult an attorney. Numerous factors go into figuring the value of your case. How long ago was your accident? How long did you receive medical treatment? Had you had any prior neck injuries or insurance claims. How is your neck today? Where are you from? All of these factors go into figuring the value of your case. Most lawyers will charge you a 1/3 contingency. Some more, others less. You should negotiate this up front. Since fault does not seem to be an issue, you can probably get a lawyer to charge you less than the usual rate. Finally, if you did have full tort coverage, it is my opinion that $1,000 isn't sufficient. If you had limited tort coverage, then you are only entitled to recover your unpaid economic damages. If that is the case, the $1,000.00 might be fair.

Any other questions, feel free to contact me.

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Answered on 12/02/03, 8:50 pm


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