Legal Question in Personal Injury in Wisconsin

Re: Lawsuit

A fair amount to settle for is somewhere between what a jury would give you and no one really knows the answer to that question. The odds are that the amount offered is within the range a jury could give you. Factors that come in to play though that are not discussed in your email include: the nature of the accident, the venue of your case, whether you had prior back problems, whether you've had prior injury claimes, whether you've been convicted of a crime, what objective evidence there is showing your injury, who supports and disputes your claim of a permanent injury and why, etc. Check my how to hire a personal injury lawyer note on my blog, How to hire a personal injury lawyer, and if your lawyer qualifies and recommends the settlement and a mediator or judge has also recommended the settlement to you, then you should probably accept it.

Valuation of a Personal Injury Lawsuit

You need to ask your own attorney this question. It would be improper for another attorney to get involved while you are represented. Generally speaking, evaluating a personal injury case requires many years of experience in the field (I still have trouble with it after 24 years and 80 jury trials), and the case's value can be influenced by the past behavior of local juries in your particular county. One thing for certain, however, is that "rolling the dice" with a trial is always a gamble, as opposed to the certainty of any settlement offer. It is common for either side to get a nasty surprise for unpredictable reasons, due to the fact that juries often consider things which nobody dreams that they might possibly consider, such as how much they like or trust the plaintiff. This can be based upon courtroom behavior, interactions with others, facial expressions, and other unscientific and unquantifiable factors. Their generosity can depend upon how well their last meal is agreeing with them, how much they dislike being there, the extent to which they are stressed out by the experience. Or, it could hinge upon who they blame for their being forced to be there, how much they think you need the money, how much they like or dislike your attorney, etc. Their decision is essentially final and non-reviewable by any judge unless there is absolutely no reasonable basis for it, and they are not required to justify their decision. Good luck!

Re: Lawsuit

It is impossible to answer your question with just the information that you provided. Many things go into the determination of what the settlement value of a claim is. If your lawyer is a good lawyer, he or she can let you know the lawyer's thoughts about the value of your case. Juries these days are not being overly generous to injured people, so do not let your friends or relatives influence you in deciding what to do with the offer of settlement that is being made by the insurance company. Your lawyer is the person to rely upon.