Settling a Bodily Injury Claim

[Joezo]

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

Hey all,

First, thanks so much for taking time to read my post and replying. Any answer is greatly appreciated. So, here goes my story:

My wife and I got married on April 12th, 2012. After the reception, my friend was driving us to the airport. On the way to the airport, a lady didn't stop at a stop sign and we T-boned her. This accident happened in S.C. We were going around 35-40 MPH. My friend's car was totalled. The lady was at fault (per the police report). My wife and I were sitting in the back seats with our seatbelts on. Once the ambulance came, we were taken to the hospital. Below are the symptoms and the cost of our medical bills.

Me:

1. Minor Head Injury -Headache and some bleeding (CT SCAN came back fine)

2. X Ray on Thumb - was hurting but nothing broken. Just sore

3. Broken Right Foot - Approximately 9 Weeks in Cast. Was on pain meds. Could not walk.

4. Missed our honeymoon. We were supposed to be on our honeymoon from April 12th to 25th.

5. Basically, first three months of being newly weds went down the drain...

6. Missed 2 Weeks of work. I am independent contractor. 10-99

6. 8k in medical bills altogether.

Wife:

1. Concussion at the scene

2. Neck Pain

3. Arm Pain

4 Shoulder pain

5. Very depressed/upset because of the honeymoon situation. We don't know when we are going. She is also very upset that we didn't have a "husband" for the first three months of her marriage.

6. She has been taking care of me because I cannot walk. She has had to drive me to work and reschedule her time around school.

7. 5k in medical bills altogether.



My question is, what is reasonable to ask for the settlement?

I've seen people saying to ask between 1.5-5 times of medical bills. Some are saying thats not the way to calculate the emotional pain and suffering. The lady (at fault) driver has a max of 16k per person. But, my friends policy has an underinsured policy of 50k per person. Again, any help would be much apprecaited.



Thanks!

[shawa]

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

Hey all,

First, thanks so much for taking time to read my post and replying. Any answer is greatly appreciated. So, here goes my story:

My wife and I got married on April 12th, 2012. After the reception, my friend was driving us to the airport. On the way to the airport, a lady didn't stop at a stop sign and we T-boned her. This accident happened in S.C. We were going around 35-40 MPH. My friend's car was totalled. The lady was at fault (per the police report). My wife and I were sitting in the back seats with our seatbelts on. Once the ambulance came, we were taken to the hospital. Below are the symptoms and the cost of our medical bills.

Me:

1. Minor Head Injury -Headache and some bleeding (CT SCAN came back fine)

2. X Ray on Thumb - was hurting but nothing broken. Just sore

3. Broken Right Foot - Approximately 9 Weeks in Cast. Was on pain meds. Could not walk.

4. Missed our honeymoon. We were supposed to be on our honeymoon from April 12th to 25th.

5. Basically, first three months of being newly weds went down the drain...

6. Missed 2 Weeks of work. I am independent contractor. 10-99

6. 8k in medical bills altogether.

Wife:

1. Concussion at the scene

2. Neck Pain

3. Arm Pain

4 Shoulder pain

5. Very depressed/upset because of the honeymoon situation. We don't know when we are going. She is also very upset that we didn't have a "husband" for the first three months of her marriage.

6. She has been taking care of me because I cannot walk. She has had to drive me to work and reschedule her time around school.

7. 5k in medical bills altogether.



My question is, what is reasonable to ask for the settlement?

I've seen people saying to ask between 1.5-5 times of medical bills. Some are saying thats not the way to calculate the emotional pain and suffering. The lady (at fault) driver has a max of 16k per person. But, my friends policy has an underinsured policy of 50k per person. Again, any help would be much apprecaited.



Thanks!

Hello, I'm currently going through the same process...I'm much further along and have learned quite a bit about seeking compensation for bodily injury involving an auto accident. I'm not a lawyer or an expert by any means but I've found very little information about the particulars and feel its important to divulge what I've come across through my own experience.

To answer your question from my own experience...what you choose to settle for really depends on you and your situation. If you need money immediately than you will be subject to a lowball settlement offer...something to the effect of your medical bill being paid...that's about it of anything. If you choose to retain a lawyer your settlement will increase substantially...your medical bills will be paid and if your settlement is lower than your medical bills your lawyer should negotiate a reduced payment with your debtors. (unless you have a shady lawyer)...once your bills have been paid you should receive the greater 1/3 of the settlement in respect to your total settlement...let's say your settlement is for 12k your lawyer negotiates your bills to 4k....= 8k....you should get the greater portion of 1/3 =....probably 4500 and your lawyer keeps the rest.

The nature of you accident and severity of the trauma and injuries sustained effect your settlement and only you know how much so. I was involved in an accident on the highway when a driver was speeding and lost control of his car smacking me across the highway into on coming traffic spinning into an embankment. My medical bills were 60k+...our demand letter was for 260k which I felt was excessive but lawyers always shot high....I found personal injury calculators that estimated my claim from 150k to 175k. I asked my lawyer directly what is feasible considering the particulars of my case and she told me she would advise me to settle for nothing short of 112k.

So from my personal experience the bill multiplier is x2 per my lawyer for a settlement. It depends on the particulars of your case, but I would think something along the lines of x2 or x3 what your medical bills are.

[Mr. Knowitall]

When assessing injuries I don't even think in terms of multipliers - I think in terms of the severity of the injuries, prognosis for recovery, long-term impact, and the short- and long-term impact on activities of daily life.