What would be a fair settlement offer on auto accident injury?

There is no way anyone can estimate what a fair settlement is for you from afar, without being involved with your case. If you already have a lawyer and you're not happy with the offer made, then speak to another lawyer and see what they say. You won't lose anything if you change lawyers, since the same fee is going to be charged whoever handles it for you. Good luck.

Yes, a fair evaluation includes review of all of the factors underlying the way that this accident has impacted your life. I wish I could give you a precise answer down to the penny, but the formula includes a number of variables. I evaluate personal injury claims every day and have published an article on the topic. To summarize, the ultimate settlement range includes evaluation of the following: Total dollar amount of all medical bills. Itemization of portion of medical bills that are outstanding or must be paid through liens. Length and extent of any total disability. Length and extent of any partial disability. Residual loss of function/disability. Permanent scarring or disfigurement. Potential need for future treatment. Diagnosis of all injuries. Lost wages/lost earnings capacity. (Documented, not speculative. “Under the table” earnings do not count.) Each factor must be clearly documented. Each must have been caused by the accident, confirmed in a medical report. The existence of prior injuries adds a wrinkle to any case, but can be dealt with. Finally, the insurance industry's own publications acknowledge that once an attorney becomes involved in a bodily injury claim, the value at least doubles. Nearly all personal injury attorneys give a free consultation. Therefore, if you are serious about optimizing your settlement, it would be wise to retain experienced personal injury counsel in your jurisdiction. I wish you the best.

I agree with the two prior opinions and add the following: You are entitled to the medical bills and lost wages caused incurred as a result of the accident. I suggest contacting a reputable personal injury attorney to discuss the merits of the case and possible retention for representation. Hope this helps.

As was mentioned above, you really need to speak with a local personal injury attorney. In Alabama where I practice, and in most states, the particular court you are in can have a big impact on the settlement value. Some counties are more conservative than others while other counties are known for being a little looser with money awards. The insurance companies know about this so you need to gather information from an experienced local personal injury attorney. Couple of things - was your car significantly damaged? Defense lawyers love to show pictures of cars that don't have much damage and say "How could the plaintiff really be hurt?" There are ways to fight back against this type of bogus argument but you have to recognize that it is appealing to a lot of jurors. Do you have any injuries that are not "soft tissue" - i.e., do you have broken bones, fractures, etc? Remember you likely will have to pay back your health insurance company for the benefits it paid you - this is known as subrogation in most states. Best wishes!

I agree completely with the answers of my out-of-state colleagues. An aggressive attorney may be able to add significant value to a settlement of an auto injury case, especially where the injuries may be downplayed by the insurer because the impact was apparently minor. The insurer is even more likely to make a low-ball offer without the genuine possibility of a jury trial where the injured person is not represented by a lawyer. You may call the Oregon State Bar Lawyer Referral Service at (503) 684-3763 or (800) 452-7636. I do not recommend trying to negotiate a fair settlement without help.