Okay, I posted this questions yesterday but maybe I should've been more detailed. I was in a hit/run accident. As a result my arm was broken in 3 places (luckily no joint injury). My doctor put me off of work for a little over 1 month. The driver of the other car came forward about 3 months later. Her insurance company would like to settle w/me.
Although overall I'm fine, per my doctor, I'll have continous elbow pain for sometime...also my car was totalled.
Not sure about bringing a lawyer into the mix...but while I dont expect to hit the lottery, I expect "fair" compensation. Problem is, what is "fair" in this case? Please advise.
2006-09-22 08:13:13 · 6 answers · asked by In California 1 in Cars & Transportation ➔ Insurance & Registration
You're done with your treatment, so why let a lawyer take a third when you've basically done everything yourself. With nothing to go on other than this I would say $7500 for the fractured arm injury and then add your total amt of lost wages. This is just your pain and suffering, and doesn't include any meds (I'm not sure whether you have any meds to pay out of your own pocket).
I answered this the last time you posted and told you not to expect the $ amts you get here because none of us know every detail about your injury, recovery, etc. But I'd say that's the high value, since it's not permanent, did not require any surgical repair, and did not cause you to be permanently disabled. Again, this advice and value are worth what you paid for them. Don't come crying to me if they offer you less, and don't yell at me if they offer you more.
2006-09-22 10:06:59 · answer #1 · answered by Chris 5 · 2⤊ 0⤋
To establish a "fair" settlement the courts use a formula which is quite complicated to the average laymen. Therefore, it is probably within your best intrest to use an attorney. However, my wife was injured in an accident in which the other parties insurance company came forward an offered us "maximum" coverage which in lay terms means the policy limits of the other driver. The courts won't allow beyond policy limits except for very limited circumstances (drunk driving or criminal act) so we settled. We actually did very well because we did't have to fork over one third to a greedy attorney for doing nothing more than what we did ourselves. You have to weigh each case individually on it's own merits to make that determination. All of the "Lawyer" hype as seen on TV is just pure "BS" nothing more! If you're case isn't cut and dry you will have plenty of difficulty getting a law firm to represent you. They don't like to "EARN" their money- just looking for easy "Take" customers!!!!
What you can do is wait for an offer. If you're satisfied accept it and if not go for the attorney approach!
2006-09-25 11:30:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The insurance company will probably settle for $25,000 rather than go to court as their legal fees for the trial will approach this amount.
You are allowed pain and suffering (setting your arm probably required screws) and the pain may continue for years and even get worse as you get older
Loss of wages (if there were any)
Emotional distress (for when the girl didn't come forward initially)
With your case I would first seek a free consultation from a good lawyer and then offer a $50,000 immediate settlement amount or you will go back to the lawyer for a court trial. They will probably settle with you.
2006-09-22 18:16:54 · answer #3 · answered by bill k 3 · 0⤊ 0⤋
If you are filing bodily injury against the other insurance company, definitely get a lawyer. They know their stuff and will help you resolve your issue. Fair compensation would include all medical bills and the totalled vehicle.
She could also be in trouble for leaving the scene of an accident so that could have effects on her as well. Of course her insurance should have dropped her after hearing about this,
2006-09-22 22:40:11 · answer #4 · answered by wiegel81 2 · 0⤊ 1⤋
Listen To Chris (she is almost always right). A lawyer will only take 40% of any settlement you get and forget about a court date...scum lawyers settle 99.9999% of ALL cases out of court (meaning that they almost always settle for appx what the insurance co. originally offers) because they are horrified to face a jury and risk losing everything. You are indeed entitled to compensation in a big way so keep your cool and negotiate yourself a fair settlement. Always use a lawyer as a LAST, LAST resort.
2006-09-22 22:07:56 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I would recommend a lawyer. they have the experience to look at the details of your case and determine what should/should not be included.
But, a 'fair' settlement would include:
medical bills
car repair / purchase
payment of lost wages
payment of future medical bills (like therapy or other recurring ones)
payment of job retraining if you can no longer do your job due to the injury
payment of other expenses you may have incurred from this - like car rentals, milage to/from doctors and car repairs, time off work to see doctors, legal fees, paperwork, etc.
2006-09-22 15:22:25 · answer #6 · answered by Kutekymmee 6 · 0⤊ 2⤋