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  1. #1
    Join Date
    Dec 2011
    Posts
    25

    Default How to Determine Fair Compensation for Injuries

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

    I was chased by a City employee who was driving a car when on my bike for riding where I was not supposed to ride. I broke my collar bone. The state wants to settle this and is asking how much I want and my lawyer has contacted me telling me this and asking how much I want.

    I have video of the accident from a gopro camera, clearly shows accident, the city employee in a city registered car and him leaving the scene after the accident, eye witnesses also on video trying to stop the guy leaving and telling him I am hurt and to stay, he left anyway and was cursing. The video evidence is extremely good. The state has all the evidence and is wanting to settle, I mentioned this to let you know my evidence if I have to go to court.

    These are my injuries and medical bills.

    broken collar bone which required surgery and hardware. (2 hour surgery)
    2nd surgery to remove hardware because of hardware irritation. (1 hour surgery)
    Shoulder was frozen after 1st surgery and required physical therapy.

    Medical bills were around $17,000
    I live in an expensive big city, if that plays into the award amount.

    I was not working at the time of the accident and I am in my 30's. Basically, the award amount will be for pain and suffering and medical expenses.

    Can you please give me in your opinion what I should ask for in this type of accident.

    Do you find it odd that my lawyer is asking me what I want? Shouldn't he be asking for a very large number and waiting for the states offer?

    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Settlement $ Recommendation Amount for Broken Collar Bone

    Do you find it odd that my lawyer is asking me what I want?
    Yes, very odd.

    He's supposed to be the expert.

    He's the one who should be quantifying your claim and explaining why that amount is appropriate.

    Ask him why he isn't.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Settlement $ Recommendation Amount for Broken Collar Bone

    Was the 17k of medical expenses just your out of pocket or was that the entire balance? If insurance covered any of your medical expenses the insurance company will want to be reimbursed. So you need to ask for enough to cover all of the medical expenses, the cost of your attorney and something left over for you.

  4. #4
    Join Date
    Dec 2011
    Posts
    25

    Default Re: Settlement $ Recommendation Amount for Broken Collar Bone

    For the medical expenses insurance covered, will they get the full amount reimbursed or less the lawyer fee?

    Because the lawyer is going to get 33% fee. I would hope the insurance would get hit with that fee also and not take it from my pain and suffering amount.

  5. #5
    Join Date
    Sep 2013
    Posts
    312

    Default Re: Settlement $ Recommendation Amount for Broken Collar Bone

    Quote Quoting Ed209
    View Post
    For the medical expenses insurance covered, will they get the full amount reimbursed or less the lawyer fee?

    Because the lawyer is going to get 33% fee. I would hope the insurance would get hit with that fee also and not take it from my pain and suffering amount.
    Why haven't you asked your lawyer these questions??? Did you just retain a random lawyer you found on Craigslist, or is this person a professional who has been through these cases before?

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Settlement $ Recommendation Amount for Broken Collar Bone

    Quote Quoting Ed209
    View Post
    For the medical expenses insurance covered, will they get the full amount reimbursed or less the lawyer fee?

    Because the lawyer is going to get 33% fee. I would hope the insurance would get hit with that fee also and not take it from my pain and suffering amount.
    Weren't you paying attention when your lawyer explained how the contingency works?

    Lawyer gets his third off the top, then his expenses, then the doctors get paid or the medical insurance gets reimbursed, then you get what's left.

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