QuestionI was in a four car accident and my car was totaled and the end cars insurance paid for that and has accepted fault for the accident. I was car 3 from the back and I was hit hard from behind and then barley hit the car in front of me. I was in immediate pain both in my back and neck but turned down the ambulance ride. Went to dr's and to chiro for like 2months 2-3 times per week. Finally done and wondering how much I am looking at in a settlement amount. I have a attorney working on the case and he will get 1/3 of the settlement. How much (ballpark can i expect in my pocket?)
AnswerHi Kyle,
This is the kind of question we trial attorneys DO NOT LIKE our clients to think about. It shows "secondary gain" as a motive, and neediness, and other attributes that we do not want the insurance adjuster (or jury) to learn about our client. So I am happy that you asked me instead of your own attorney. BUT, too bad for you, my answer is not going to give you what you want—simply because I could not begin to guess, given the little bit of information you passed along.
I am going to spend some time with you, Kyle. But no one could ever begin to guess even in a ballpark figure what you will receive. There are just way too many variables. "But (you ask) surely you must know SOME amount that is usually given for such cases."
Of course I do, Kyle. But you would have to list a dozen or more factors. How about if instead of turning you away, I go thru a few of the factors with you, so you can get an idea of what I am talking about?
Firs, tell me what state and then what city or is it in the country. You see, verdicts differ a lot just on geographic location—even within a state. AND the insurance industry does track that. In my own state, jury verdicts for Bellevue are going to be a lot more than for Shelton, just fifty miles distant. Why? Local culture and economics.
And tell me what kind of treatments you have had. Did you know that testimonial value of one kind of doctor is rewarded with more settlement offer money than another? http://www.settlementcentral.com/page0052.htm
And tell me whether or not your attorney fee will be taken on the gross or then net, because in the first case, he is taking one-third of the medical expenses—even though you will never see one dime of the medical expenses.
And tell me whether or not your attorney has agreed to fight for subrogation defense at no additional charge. The extent that he can reduce subrogation should mean dollar-for-dollar in your pocket, UNLESS of course he also takes a fee on the subrogation reduction.
And tell me whether or not your attorney practices like jolly old insurance settlement wizard Doctor Settlement used to: reduce fees when the opposition give a quick settlement.
Let me just toss out some factors that go into valuation, and you can pick where you stand in these.
1. LIABILITY DISPUTE
This is a big one because it most dramatically affects value. You should NOT ACCEPT any reduction in value for fault if you were not in any way at fault.
2. Trauma suffered
The value of your claim increases with a bigger crash, and decreases with a low damage tripping wherein one catches himself. Why? Just human nature.
3. Medical special damages
Cost of medical and related health care expenses; higher costs usually equate to an increase in value (excepting, of course, cases of gross overtreatment). Unless you have some kind of corrective surgery or other treatment soon, you will have to build a STRONG CASE for including FUTURE MEDICAL COSTS. These are for certain includable, BUT your doctors have to give a firm opinion that such costs are a reasonable and necessary result of the trauma you suffered in the accident.
4. Type of injury
Where does the injury fall within the insurance industry's "hierarchy list" of valuing injuries? Irrespective of which injury may cause more pain, injuries are valued according to seriousness, tendency to be persistent or permanent, and whether or not they need objective proof to be believed (e.g. a broken bone versus soft tissue strain). The problem with soft tissue pain is that it is subjective. There is no objective test that will show such pain.
5. Type of medical care
Where does the medical care fall within the insurance industry's "hierarchy list" of valuing medical care? Orthopedists at the top, chiropractors near the bottom.
6. Prognosis- future care—permanency of injury or pain and suffering—does your doctor recommend 6 months of care, or were you done treating 2 months ago? Even if you are done treating, will the doctor predict future problems?
7. Your medical and claims history, prior accidents, prior injuries or treatment of the same area of the body.
8. Impairment of quality of life. Emotional distress fits in here.
9. Quality and persistence of pain suffered.
10. Quality and thoroughness of her medical records.
11. Lost wages. Documentation requirements here are both the days absent from work and the medical authorization as to why one cannot do the work.
12. How each party comes across—or "sells" to a jury.
That is about it, Kyle. I hope you are not mad at me because I could not begin to guess at the amount you will have in your pocket.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
