I was involved in a car accident July 14th, 2006. I was in a residential area driving 25mph when i was hit on my driver's side by an SUV going about 65mph. My 1 year old daughter was not hurt, but i had glass in my face and arm, broke my clavicle, and tore muscles in my back. I had to go through physical therapy for 6 weeks. I got a lawyer immediately [my mother had to do it for me because i was on percocet and have no memory of the accident or the first few days following my return from the hospital]...I've had around $ 30,000 in hospital bills...I just want to know, is there an average amount I should be settling for? The adjusters should be making an offer around this time next month, and I want to be prepared. I was thinking to ask for $ 200,000+, and expect them to drop it down to at least $ 170,000. I know that my lawyers are going to take a decent chunk of my money...
so I need to know, did you or do you know someone that had similar circumstances? and if so, what did you get as a settlement? i'm not trying to be greedy, but my daughter was in the car for christ's sake. i was trying to get her home so she could go to sleep...any answers would be helpful!
i am covered under tricare...they've paid off most of my medical bills, but not all. and i'm perfectly aware that i should be talking to my lawyers about this, i just wanted some opinions, that's all. i've never heard of tricare appointing lawyers to cases like this. and again, i didn't handle the lawyers or anything, i was on pain meds and didn't remember signing anything. it wasn't until later that i looked at the contract in its entirety and saw they were going to be taking 33.3%. my mother didn't know what to do...i guess she panicked and just called the first lawyer she'd heard of. which is why i want to ask for a high amount so after the 1/3 chunk is taken out i still have a substantial amount of money. i still have pain in my back every now and again and figure i'll need something to cover any future doctor's bills as well.
Answer by oklatom
Since you have attorneys representing you, that will be the best source of answers, not us.
Answer by mybuddyeric
On average, attorney's fees may be up to 30% (depending on the attorney). You should ask for a flat fee and stipulate that attorney's fees be paid as well. Your $ 200k setttlement sounded about average since none of your injuries were life-threatening. Hope your recovery is speedy; best of luck to you.
Answer by MisMischievous
Your attorney will help you come up with that figure, but it will include their fee, court cost, vehicle damage, your medical bills, lost wages, and some amount for pain and suffering. This is all considered fair by everyone as long as the amounts are not excessive. If your daughter was not injured, I assume there would be no award for her.
Answer by Jeff B
Here is what will happen:
The other person's lawyer will try to settle. Most likely the person that was responsible for the accident has an insurance policy of $ 100,000. Their lawyer will try to settle for less than that, because if you take it to trial the jury may (or probably will) award you more than that. In that case, that person is responsible for paying out of his pocket.
Your lawyer should get a good feel as to whether it should be settled or go to trial.
Please explain somthing. You mentioned that your lawyers will take a decent chunk of money. Your insurance company should have appointed their lawyers and they don't take anything. I'm very confused about this.
Answer by Karen C
assuming that the other person had a 100/300 liability policy, the most that the other insurance company will be able to offer you is their policy limit of $ 100k. now if the other driver happens to have any assets (which your attorneys may be able to look into) you may be able to get more. however, if the responsible party does not have any assets, you may have to settle for the $ 100k. also, you may want to check your contract with your attorney....once a case becomes litigated (a lawsuit is filed) their fees may increase to 40%....keep that in mind too! good luck!
What do you think? Answer below!
Orignal From: Question about a car accident claim?
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