Legal Question in Insurance Law in Texas

Rear-ended settlement

The at fault drivers insurance company is asking for a settlement amount and my question is what amount should it be? I have a total of $3500.00 in medical bills and loss wages.Repairs to my vehicle have already been made. I have had back & neck pain and soreness for a couple of months associated with being rearended.


Asked on 7/07/06, 2:10 pm

3 Answers from Attorneys

Dan Street Street Law Firm

Re: Rear-ended settlement

There are many, many variables in determining value--the amount of damage to your car, what county in which the accident occurred, what kind of doctor treated you, what is the diagnosis, what degree of negligence did the other driver commit, what insurance company are you dealing with, whether you have had any previous accidents or injuries--and on and on. There are also 13 different catagories of damages (physical pain, mental anguish, lost wages, loss of wage-earning capacity, impairment, etc.) that a competent personal injury attorney will consider in determining what your case is worth. You are really selling yourself short to attempt to settle your case on your own. There is just too much to consider that is beyond the scope of your knowledge and experience. Do yourself a favor: hire a personal injury lawyer. In almost every case, a good PI lawyer can get you more than you can get on your own--even after deducting his fee. And the fee is a "contingency" fee, meaning you don't have to pay the lawyer anything unless and until he collects for you. I would be happy to assist you; just give me a call.

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Answered on 7/07/06, 4:09 pm
Rodrigo Garza Law Office of Rodrigo Garza, Jr., PLLC

Re: Rear-ended settlement

The first thing that I would advise you to do is contact an experienced personal injury lawyer who has effectively handled cases such as yours. As to your case, it appears that you have reached a negotiating point and I am not sure that an adequate evaluation of your damages has been done. It is very important to evaluate the many factors involved in your case, such as type of injuries, force of impact, damage to the vehicles, levels of pain, location of the accident, insurance company; and many other factors that a competent personal injury lawyer would consider to adequately resolve your case. Please remember that almost always an experienced lawyer will be able to quickly resolve cases such as yours and get more money from the insurance company than a lay person would. I would be happy to assist you in evaluating your damages. Good luck.

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Answered on 7/08/06, 12:09 am
Blair Brininger Blair Brininger

Re: Rear-ended settlement

Meet with a personal injury lawyer in your area and ask. I do not do personal injury law. Tell the lawyer upfront what you want and offer to pay for his/her time. ($200/hour or more sounds reasonable.) Never leave your original documents with any lawyer. So leave your originals in the safety deposit box and make two copies-1 for you and one for him/her. Always save your envelopes and nevre write on evidence. Everything is evidence is the general rule.

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Answered on 7/07/06, 2:20 pm


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