Legal Question in Personal Injury in Wisconsin
fair claim for auto accident related bumps and bruises
I am trying to assess what would be a fair settlement for personal injury portion of an accident in which my daughter was involved. The car was totalled out and we came to terms on its value. now comes the medical. actual bills for xrays and dr. biils amounted to about $800.00 the other driver ran a stop sign and broad-sided my car while my daughter was driving it. his bac was .17 at the time. he refused the breathalizer test and was forced to do a blood test to yeild these results. my daughter received bruises from her seat belt on her leg and chest and had a loss of mobility in her neck to one side for about three months. the mobility is not full yet but is minimal. she also had nightmares for about a week and a half. the insurance company is offering $4500 less bills for a net settlement of $3700 and change. I would like to avoid going to trial but just want to know what is fair to expect. any guidance would be appreciated!
3 Answers from Attorneys
PI-Auto Accident
It is impossible to evaluate the offer without knowing two thinks:
1) What were the total out of pocket damages for each occupant?
2) What were the results of the permanency evaluations of each occupant?
Your likely outcome if litigated would mostly depend upon these two issues (WI juries are historically not generous for pain and suffering), and the insurance company knows this. The final offer is therefore likely to be bases upon what they believe their exposre is likely to be. E-mail me at [email protected] or call Jay K. Nixon at 414-633-3090 to discuss further. Thanks
fair claim for auto accident related bumps and bruises
Jay Nixon's response was correct as far as it went, but there are other major factors that must be considered before any attorney can give a meaningful assessment as to the value of a claim (and since Nixon is in Wisconsin and urged the poster to contact him directly he may have felt he would address that in a personal conversation). Those factors include the history of jury awards in the county where the case must be brought (not just the statewide average, but the trend in THAT county, and also the judge who will hear the case (which generally can't be known until after the case is filed) since some judges will allow in more pro-plaintiff evidence and others will keep the same evidence out), and another factor is simply how the victim comes across.The claims adjuster is already running through the same considerations, including that you apparently do not have an attorney and may be easier to take advantage of.Generally speaking insurance companies are more willing to raise their offers if they see a serious prospect of a lawsuit is involved.If you aren't willing to take it to court, then the settlement value is dratmatically less, because you aren't willing to play your most powerful card... and if you don't have a lawyer, the insurance company figures you really don't want to go to court.
PI Settlement -- soft tissue
The usual recovery for FULLY RECOVERED (no lingering effects) SOFT TISSUE (no broken bones, cartialge, ligament tears or disk problems) is 3-5 times medical. Probably NOT a good idea to settle until the doctor says your daughter has reached "maximum medical recovery". It's also highly likely that the net recovery to your daughter would be higher if she hires a lawyer. Look for one in tour community who is a member of ATLA - Assoc. of Trial Lawyers of America, and/or board cetified by the bar association as a PI specialist (if the Wisconsin bar has such specialties) Stay away from advertisers.