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  1. #1
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    Jun 2011
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    Default How Much to Expect When Settling a Car Accident Injury Claim

    My question involves an injury that occurred in the state of: NC

    I'm a disabled vet who reaggravated a back injury after an accident on the highway. 100% not my fault and it's not in dispute. I was released from care from my doctor and my lawyer just sent in my demand letter. My medicals bills totaled 60k and the demand is for 250k. My question is what if, the person at fault has only 60k worth of coverage? My uninsured coverage in 50k. The minimum is 30k in the state of NC. I've found PI calculators that say my settlement is worth 180+. How much should i "expect" to settle for given the information or what ballpark figure would be realistically feasible given the facts.

    68K-medical bills
    50k-full coverage uninsured motorist(self)
    30k-at fault policy limit(minimum)*

    *I don't know how much the at faults party's policy limit is but, it has to be at least 30k.

    My lawyer said, she would reduce her fee and try to work with the medical bill debtors to reduce theirs as well. If, I think i should take home at least 50k given my damages and how these settlements payout of time would it be too far fetched? 50k after my lawyers 1/3

  2. #2
    Join Date
    Dec 2010
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    Toledo Ohio
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    166

    Default Re: Settlement Help Never Been Through This and I Don't Know Anyone Who Has

    Thats a a hard question to answer.

    Can you add some more info?

    Did you have surgery because of the accident?

    What changes were seen in MRI's and X-rays since last having them done for the prior injury that was aggravated?

    What treatments did you have that ran up a $60,000 bill?

    You have to win the case first; and with an aggravation, sometimes it is hard to get all that is asked for.

    Is your lawyer ready to go to trial should the insurance company refuse to pay for your medical bills and do your DR reports state clearly the treatment needed was directly related to the auto accident. ?

    I wish you the best at least in covering all your bills and expenses.

  3. #3
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    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    I would expect your lawyer to know the other party's policy limits, and to have made a demand in accord with those limits. Although there are exceptions, unless they have underinsured coverage on their own policies, for a number of reasons people usually do not recover beyond the at-fault driver's policy limits.

    So many factors can go into the settlement of an accident claim that we can't give you a meaningful figure, and certainly not one more meaningful than your lawyer can provide. The pre-existing injury is a significant complicating factor.

  4. #4
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    Va
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    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    Quote Quoting Mr. Knowitall
    View Post
    I would expect your lawyer to know the other party's policy limits, and to have made a demand in accord with those limits. Although there are exceptions, unless they have underinsured coverage on their own policies, for a number of reasons people usually do not recover beyond the at-fault driver's policy limits.

    So many factors can go into the settlement of an accident claim that we can't give you a meaningful figure, and certainly not one more meaningful than your lawyer can provide. The pre-existing injury is a significant complicating factor.
    We don't know the other parties policy limit yet, we just sent in the demand letter. she said, they usually get back to them very quickly if, there is a issue. she also said, she wanted to make sure she got their final offer fwiw. I just know that they had full coverage

    Quote Quoting DaveJames
    View Post
    Thats a a hard question to answer.

    Can you add some more info?

    Did you have surgery because of the accident?

    What changes were seen in MRI's and X-rays since last having them done for the prior injury that was aggravated?

    What treatments did you have that ran up a $60,000 bill?

    You have to win the case first; and with an aggravation, sometimes it is hard to get all that is asked for.

    Is your lawyer ready to go to trial should the insurance company refuse to pay for your medical bills and do your DR reports state clearly the treatment needed was directly related to the auto accident. ?
    yes

    no

    I had just finished therapy on my spine and pelvic with a spinal cord specialist @ the VA about 2 months prior to the accident, but, still under the care of the specialist. I was side swiped by a guy who lost control of a car while speeding, he was cited for excessive speed for the conditions. I was knocked across a highway with a grass median separating traffic, the guy lost control of his car after he sped past me. as he did, he went into a tail spin headed right @ me. he knocked me across the highway into oncoming traffic. luckily, i came to a stop facing the oncoming traffic when i did it gave me enough time to see that two tractor trailers were about to smash into me. i swung my car back across the highway to avoid trucks but, the grass had no traction and i spun out all the way back through the part of the highway where i was originally headed and crashed into an embankment where i rested until an ambulance came.

    My specialist is great he told me when i first saw him after the accident that he testifies all the time and to have my lawyer contact him or subpoena him and he'll take care of me. he wrote a very favorable right up and everything. my initial hospital bills and loss wages from work was about 9k, soft tissue injuries, no broken bones and my ct scans came back negative. i was diagnosed with multiple contusions and bruises to my temple, neck, spine, back,and knees. my specialist advised me of a new steroid therapy that would help strengthen my back and spine. i received 27 injections in my spine, lumbar, and sacrum areas on 4 separate visits totaling 19k per visit @ the Va spine rehab facility. also, the next day after the accident i began having migraine headaches 3-6 times a day for the next 4 1/2 months. i was put on some migraine med call sumatripin or something and received 9 injections in my temple for the migraines.

    my lawyer says the case looks excellent she doesn't see any problems @ all. the only issue she said, was how much the @ fault party's policy limit is. like i said, the demand letter is 250k which probably isn't gonna happen. i see that every personal injury calculator is saying my case is worth 180k. given the worth of my case and the fact my lawyer feels the case is worth 250k shouldn't i clear a 100k easily and pocket 50k after my 60k in medical, and my lawyers 1/3??? I have 50k in under-insured coverage through my insurance as well.

    any info or opinion is much appreciated.....



    p.s. his insurance company told me they were gonna take care of me after they found out. i know they're shady but, the lady seemed really nice and it was clear by the police report that he was 100% in the wrong. she genuinely seemed concerned. she said just send her the bills and she'd take care of everything. then i got my lawyer.

  5. #5
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    Dec 2010
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    Toledo Ohio
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    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    Having a doctor side with you like that makes you a step a head.

    You have to let your lawyer and the doctors do their work and it will take time. Believe me, your lawyer will go after the max he can.

  6. #6
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    Jun 2011
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    Va
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    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    @davej thanks i'm sure she will that's very evident

    as i go through similar threads i see a lot of responses from longer tenured members that would lead you to believe that you're only entitled to just your medical bills and lost wages being paid. that's very misleading and false from all the research i've done and what my lawyer tells me. there's a burden of proof that lies upon each mitigating factor but, from everything i can tell once proven these caveats increase the value of your claim.

    why do some of you believe the victim is only entitled to their bills being paid and loss wages? the @ fault party is directly responsible for everything you're not able to accomplish or the discomfort associated with their negligence in every way.....i'm very interested in this information as it's relative to my situation. if, you have ANY knowledge or opinion Please elaborate.......

  7. #7
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    Dec 2010
    Location
    Toledo Ohio
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    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    The victim is not only entitled to medical coverages. But usually, if the victim is seriously injured, he or she usually can only get enough money to cover medical costs and the lawyers cut and gets left in the dust for pain and suffering. If the victim is not seriously injured, it will come out of the wash and the victim will get very little.

  8. #8
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    Jun 2011
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    Va
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    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    I'm confused dave. how could you be "left in the dust" for pain and suffering? i don't understand how this can take place. are you speaking of a victim dealing with a shady lawyer? what if, you have a good lawyer? from what i understand the higher your medical bills and total damages(anxiety, diminished sexual performance, missed events, etc...) the more $ you're entitled to. every facet of your life that is interrupted and/or harmed is valid and a victim is entitled to be compensated. when you say, "it will come out of the wash and the victim will get very little" what does that mean? i assume you mean just medical bills and lost wages being paid with total disregard for pain&suffering. are you referring to instances when insurance companies lowball victims and they accept such offers? it's hard for me to rap my mind around the idea of almost 70k in damages, a 250k demand estimated by my lawyer, and be left with nothing or very little compensation. please give me more detail...can you tell me how you've come across your information?

    i've never been through this but, my lawyer has been very clear on the process. i have one of the best personal injury law firms in NC representing me, the deuterman law group(@ least that's what i'm told). it was recommended to me by a woman who received a six figure settlement and they have a ton of clients and have been excellent in the whole process, thus far. it's hard for me to believe i won't be compensated to my satisfaction. my lawyer told me the case isn't gonna go to trial, they're gonna settle but, i have the ultimate say so.

    furthermore, my lawyer tells me i'm going to get more money than she is and she will adjust her fee should the policy limit of the @ fault party dictate such. the 30 day mark from my demand letter being sent to their insurance company is the 25th of this month. my lawyer said, if, the policy limit is going to be an issue they'll get back to her sooner than that. i haven't heard anything to this date. i will keep people abreast of the happening cuz as i looked through the site i haven't seen any info but, a lot of questions.

    if, i'm missing a thread that may be pertinent to my initial question or questions please feel free to point me in the right direction or link me to the info.

  9. #9
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    Mar 2008
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    1,995

    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    Quote Quoting shawa
    View Post
    @davej thanks i'm sure she will that's very evident

    as i go through similar threads i see a lot of responses from longer tenured members that would lead you to believe that you're only entitled to just your medical bills and lost wages being paid. that's very misleading and false from all the research i've done and what my lawyer tells me. there's a burden of proof that lies upon each mitigating factor but, from everything i can tell once proven these caveats increase the value of your claim.

    why do some of you believe the victim is only entitled to their bills being paid and loss wages? the @ fault party is directly responsible for everything you're not able to accomplish or the discomfort associated with their negligence in every way.....i'm very interested in this information as it's relative to my situation. if, you have ANY knowledge or opinion Please elaborate.......
    These issues are very state specific, so don't generalize based on similar threads on a public forum. Instead, visit a few attornies in your area, and for these type of cases, you can usually get some free consultation, and you might get someone to work on a contingency basis.

    I live in NY, and they've cracked down on accidents such as these where people claim all types of damages. Here, they found a good percentage of them being false exagerated claims, or even staged accidents, where people claim neck and back injuries, and then claim they can't work because of it.

    As an example, my wife was stopped at a stopped sign, and someone couldn't stop in time, ran into her, but fortuantely it was a slight tap, and the car wasn't even damaged. She was unhurt. But I ran across some guy that used to run these scams at my business, and he wanted my wife to visit a chiropractor he uses who'll certify major neck and back injuries, and then have lawyers put in major claims, telling me that I can make $250,000. With these scams, there is someone running around looking for victims, called runners, so they, doctors, and lawyers all take a cut.

    Finally I told this guy I wasn't interested.

    What's worst is in my area people going around, usually loading 4 people to a car staging accidents running into each other, and then put in claims for 8 injured people. For all of these reasons, the authorities, the insurance companies got wise to it, so honest to goodness accident victims find themselves getting a hard time.

    For these reasons, a local lawyer who knows the local situation is your best bet.

  10. #10
    Join Date
    Jun 2011
    Location
    Va
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    33

    Default Re: How Much to Expect When Settling a Car Accident Injury Claim

    @SChinFChin i see your point. as far as my situation i'm great! my lawyer is doing a great job and the particulars are just a few posts ahead of yours.

    anyway, it's a shame people are doing such things but, that's the world we live in. people scheme and con all day everyday. my case is totally valid. a guy hit me on the highway and knocked me into oncoming traffic where i could've died. God was definitely with me, if, things didn't happen exactly how they did the oncoming tractor trailers would have destroyed me for sure. i sustained multiple injuries and reaggravatted a very serious spinal injury that was healing nicely. i went through very painful injections in my spine NOT from a chiropractor but, from an accredited DOCTOR one of the best spinal cord and skeletal physicians in the VA medical system who deals with nothing but, severe spine injuries of war veterans @ the best hospital in the world, Walter Reid. it's a shame that people suffer because, of the negligence of a few bad apples.

    with that being said, i'm 100% sure insurance companies are blowing your point out of proportion to lobbyist.

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