Legal Question in Personal Injury in Texas
aggravated assault w/ motor vehicle
I was hit head-on by a drunk driver who claimed he was trying to kill himself. He was insured by a reputable insurance company, but I am supposed to come up with an amount for the injury part of the claim. How do I figure out what to ask for before we start negotiating? I know to keep all medical records, but I don't know how to handle pain & suffering and other things. How do I know what is reasonable to an insurance company and what is outrageous?
2 Answers from Attorneys
Re: aggravated assault w/ motor vehicle
Everyone's thoughts are different on the issue of making settlement demands and how to come up with a good number. Depending on your facts, there could be other damages in addition to medical and pain & suffering, lost wages for example. There could also be future damages. You need to make sure you have ALL of your damage elements in order before you make a demand or else you could reduce your recovery. Generally, your total demand should be a multiple of your medical. I do suggest that you speak with an attorney to ensure that you are not losing any rights. I would be happy to talk with you. Feel free to contact me or any attorney.
Re: aggravated assault w/ motor vehicle
There are a number of areas to consider such as current medical bills, future medicals, lost wages, to name a few. Insurance companies may tell you that you don't need a lawyer to settle your claim, and you can settle on your own, but if you do, you are dealing with an experienced adjuster who is working for the insurance company, not you. If you have an attorney, the attorney will handle all aspects of the settlement and go to trial with you if needed. If you would like to discuss your case, please feel free to call me.
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