My wife was stopped at a red light about 6 months ago and a drunk driver hit her at full speed. She had very bad headaches and very painful ganglion cysts formed two weeks later. SHe was in therapy for almost 3 months and the headaches are reduced to a few times a week, but nothing else can be done. SHe also had surgery for the ganglion cysts 3 months after the accident (because they were booked) and the cysts are gone, but she occasionally looses feeling/sensation in her left hand. The total medical bills were $15000 and the lost wages were $4000. The insurace company offered us $15000 in pain and suffering ($34000) altogether. Compared to other settlements I have seen that seems very low. What do you think
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
My firm for example won't accept less than 5 times the medical bills as a bare minimum. You obviously can't settle the case yourself, as unrepresented parties get 11% of the money that represented parties get and you miss other insurance policies which may be available.
Get a lawyer with a low contingency fee, such as 29%, so you are left with the lion’s share of the settlement money. Don’t get hurt twice by using a lawyer with a huge fee.
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No lawyer should, or can in my opinion, tell you the value without knowing all of the intimacies. Fact is most people fair better off with a good lawyer. Discounted lawyers or just that, discounted. Please consider consulting with a specialist in your area.
There is no magic formula that will tell you what a case is worth. While this question may seem very simple, the answer and calculation is actually very complicated.
However, in a nutshell, I am a Washington state injury attorney and a Washington car accident injury victim is entitled to compensation to pay for all medical bills (both past treatment and future treatment that is reasonably anticipated) caused by the accident, loss of past earnings, loss of future earning capacity, and general damages (typically referred to as "pain and suffering" damages).
The biggest factor in determining the value of an injury accident case is the total cost, extent, and length of medical treatment. Not only are the medical bills subject to reimbursement through a settlement or judgment, but they are the primary measure used by insurance companies and jurors to award general damages. Saying you should take nothing less than 5 times the medical bills is in my opinion at least here in Washington troubling.
I will often give client's a range of case value, but that number is based upon various factors. You should note that no two cases are alike, even if the accident and/or injuries involved are nearly identical. This means that the evaluation of two cases which appear to be similar on the surface may actually produce widely different evaluations due to other factors listed above. Evaluating personal injury cases takes a lot of knowledge, experience and some hard-earned intuition. Without these traits you may be at a serious disadvantage when negotiating with the insurance adjuster. And unless you are in the business of evaluating and settling personal injury cases for a living, you should look to an experienced personal injury attorney for guidance.
Your best bet is to find an experienced Wisconsin car acident attorney who can give you a better idea of what to expect in your specific state. You might want to check out these attorneys: www.hupy.com or www.yourwisconsininjurylawyers.com.
This response is not intended at legal advice and no attorney-client relationship is formed from it. This post is simply provided as infromational and perhaps educational purposes only.
You should definitely consult with an experienced attorney in this area. Adjusters are commonly undervaluing accident victim's claims because: (1) that is their job and (2) they are relying on the recent conservative nature of many juries here in Wisconsin. In my experience here in Wisconsin, this is not an uncommon early offer. Their goal is to get it settled as cheaply as possible. You should not go this alone.
A decision regarding the value of your wife's (as well as your claim for loss of consortium) claim should be made after a lawyer thoroughly reviews her medical records and evaluates the extent of her injuries. If the injuries are permanent and are related to this accident, then depending on the extent of the injuries and the type of work or other activities she maintains, the value can increase. Your current records may be enough, or you may have to seek a specific opinion from one of her treating physicians. An experienced lawyer is in the best position to recommend these opinions.
Furthermore, if you hire a lawyer, that lawyer could also seek to get a reduction from the health insurance carrier that paid for her past treatment and has a claim for subrogation to recover the amounts they have paid out. Those reductions are money that would end up in your pocket.
Finally, while many drunk drivers have little or no assets you may have a claim against him or her for punitive damages.
I would highly recommend you contact an experienced lawyer regarding an evaluation of this case. There are many good ones in Wisconsin that will talk to you for free and let you make the decision from there. I would suggest you take that opportunity to consult with one. I understand many people are concerned about the cost or wonder "what could a lawyer add" to be worth the expense. However, the smart thing to do in your case is to contact a fair and honest one to help you out.
I wish you the best of luck.
