auto accident settlement phase, tell me how much to ask for?

Question

I'll pick the best answer based on who I think provides the best answer with the most accurate dollar amount. No, the highest dollar amount does not automatically win. Looking for honest experienced opinions.

1. Sitting at a red light a drunk driver hit us from the rear at 20 mph as explained in the report. I feel he was going 30-40 mph.

2. He tried to flee, but was caught, several wittnesses no question to fault. Driver charged with 4th DWI and 2nd hit and run.

3. his car damage was $3000 our was $2100.

4. We are three passengers. All experienced neck & back soft tissue damages. Child experienced partially dislocated shoulder and same neck problems. Medical bills for all three totaled $21,000.

5. Self employed, so no lost wages, child suffered absences from school, fell behind.

6. First three weeks we all were medicated, caused vomitting and ruined vacation plans. $2500 vacation.

How much is this claim worth? Keep in mind, 4th DWI, hit&run aggrivated situation.

No I don't consider it a lottery. I have no idea what I am entitled to. To the last lady $6,000? Please, the medical bills alone are $21,000! I don't ant a jackpot, just what I am fairly entitled to! We were injured, period, we suffered and still are, period. My daughter will have issues related to her education and sports. And please, I may not be an attorney, but through the 4 DWI and hit and run in front of a jury and see where it goes! We both know society does not tolerate this and it WOULD show in a jury awarded settlement whether the law states it or not!

Last, you must also remember that any future injuries no matter the circumstances would be scrutinized based on this accident. Get hit again and have similar injuries and they will lessen your claim. It's almost like a 1 time deal for these parts of your body for life! The settlement has to right.

Answer 1

2500.00 for car repair and loss of a vehicle
21,000 for medical bills
21,000 for mental anguish emotional distress and inflicted pain
and 2500 for loss of vacation expenses UN refundable
plus layer fees 500 to 3000
total any where from 40,000 to 60,000
good luck get a good layer and you'll come out on top

Answer 2

Whether it's the 1st or 4th or 100th, it doesn't matter how many DWI's there are...bottom line is it's aggravated liability. You don't get "awarded" anything for this because it's not a recoverable damage, but it's something that is taken into consideration....it's not ignored.

You are only entitled to be compensated for pain & suffering, lost wages, and medical bills, so long as the treatment received was medically necessary, related, and reasonable. You get nothing for missed school or travel plans....these are not recoverable damages. As one judge once said...accidents are a fact of life, and as inconvenient as they are you..it's not a cash register nor is it a lottery.

Soft tissue injuries do not carry high settlement figures....these are inuries similar to if you woke up and your back hurt b/c you slept funny or you had a crick in your neck. I'm not sure how you "partially" disclocate a shoulder, you either did or you didn't...but if you say so.

Given the limited information you have provided and without knowing the type of treatment you received, who you treated with, and how long you treated...I would give you $6-$10K.

FYI...if there is a minor involved, be prepared to have a "Minors Compromise" done and it's not optional...the court will need to approve any settlement for the minor and you'll be required to open a block trust account and then prove it to the court. The insurance company should help you with this.

Answer 3

Ok- i want to start off by saying i really hope you arent seriously thinking you are getting what these other posters have listed. You arent getting much over your medical bills. Let me explain..

First off.. i understand an accident is traumatic. But the fact that the driver was drunk and this was his 4th DWI has NOTHING to do with your settlement. I dont know why people think they hit a jackpot if they get hit by a drunk driver- that has nothing to do with your injury. They will get in trouble by the law for their stupidity thats not your job to take care of- its funny how quick people are to feeling they are entitled to money to "punish" the other person. Your injuries and permenancy rating have to do with your settlement.

Next, the at fault parties insurance only owes you over medical bills IF you injury is permanent. You havent mentioned any sort of permenency rating. also, the damages on your car are pretty minor in accident terms- it doesnt look like this is something that will affect you for your life.

I would expect NOTHING more then 1-2k over your medical bills for each party involved. Perhaps a little more for the minor as it seems his injury was slightly more severe. You have not won the lottery. You did not lose a limb. You are not dead. You suffered some whiplash or other soft tissue injury and you will be fine. Be happy to have a few extra thousand dollars. Seriously.. if you think you are getting like 10k or something over medical bills per person.. you really really really are going to be in for a bit surprise. attorney or not.. you dont have a case here for more then a few thousand.

Answer 4

The DWI will only make it easier for him to be found liable, but won't generally affect the damages assessed unless it's used as a punishment. Legally you can ask for every penny you "lost" due to the accident so your vacation will be included. You'll have to assess your own value on the childs education since the cost of a private school is greater than a public school. Cost of attendance obviously isn't the only factor, but if you had to pay $200 a day for your kid to go to school there (crazy, just a number though) obviously you could as for more.

Are you sure you didn't lose any wages? It isn't about your daily pay, the liability includes anything you were expecting or had reason to expect. Such as if you missed an interview for a job that you were likely to get, you can ask for compensation for what you COULD have made had you got the job. This, and other factors, are why seemingly small accidents can generate million dollar settlements. Think about any lost opportunity that you may have experienced. Did your job performance suffer? Could you have settled one extra account had you not been forced to take muscle relaxers? I'll leave you to that number, just add it to my final tally.

The rule of thumb is 3-5x your medical bills for 'pain and suffering' compensation. A total number I would ask for assuming 1 week missing from school, and expect to be granted, is $88,850.

Good luck.

Answer 5

It depends on the state. For example, in New York it would be very hard to get compensation for bruises and similar temporary injury. The only claim that would have a chance would be the partially dislocated shoulder, if that person was taken to the hospital on the day of the accident. Your ability to sue over the vacation would also vary by state. You might want to just want your lawyer to send the other person's insurance a letter of representation, and then settle out of court.

Answer 6

What I think is going to happen, is this drunk is going to file bankruptcy, you will receive nothing, but an award saying this guy doesn't have the money, he doesn't have assets to attach, likely employment is off/on. You may win a big judgement, but that's just a piece of paper saying the guy did hit you and yes, you have injuries/bills. Simple as that, he might get a couple days in jail, have to pay your lawyer fees, blah, blah, blah. But you will receive no money, zero.

Answer 7

Technically, 69,300 (medical bills and car times 3) but you could probably get way more. My friend was in a terrible accident with a fourth offence teenaged boy and that's what her lawyer said: expenses times three for the trouble.

Answer 8

$45,000. Oh, and you're not "asking". That's what you "expect". No negotiation. Your circumstances are weak.