QuestionFeb 2009 I was passenger in a DC Taxi. The driver who rear-ended the taxi 100% at fault. I live in Richmond but work in DC. The Driver had MD tags. I have Allstate Virginia. The accident occurred in PG county MD. Can you give me an idea of settlement range? The impact was so intense that both cars were total loss. My property damage in the trunk $2500. I went to my Primary care Dr. 5-days later Rt shoulder pain, neck pain back pain. Ortho Surgeon/Rotator Cuff repair and reattached deltoid muscle. I am right handed. MRIs confirm soft tissue damage and disk protrusion. Surgery 26000, Surgeon 15000, Physical Therapist 4 months $10000, chiropractor $5000, My Primary Care for Depression and PTSD $2500, Medications $1000, Lost Wages $12000, Transportation Costs $1500, Diagnostic Tests CAT scans and MRI, ECG, $4200. I know the cabbie also filed a claim. His Insurer paid for taxi damages. Cabbie had soft tissue damage and went to a chiropractor for 2 months. I don't know policy limits other than mine. I have a Baltimore Attorney and was given an appointment in December to call and speak with him. Wonder if they are going to charge me for the call. Can you give me an idea what this is worth. I am a 22year decorated federal employee and a licensed nurse 25years.
AnswerMost attorneys will not charge for an initial consultation, but you should verify this before you meet with them. The attorney will probably charge between 25% and 50% of your award, and the percentage normally iis on the higher end of that range if suit is filed or if you go to trial.
Allstate will probably question whether all of this medical care was caused by the accident. It is not typical for injuries this severe to be caused by a rear end accident, even if there was a heavy impact. Injuries like this normally involve direct trauma. If there was direct trauma, then it would be more typical. They will probably question whether there was some underlying or pre-existing problem in the shoulder, neck, or back. Your surgeon will need to make his/her opinion very clear regarding causation. Allstate will probably request or demand an independent medical exam (IME) to determine causation.
I really can't give an opinion as to value without knowing what your doctor thinks or what the IME doctor thinks. If there is no dispute as to causation, I would say the value is between $120,000 and $130,000. If there is a dispute, i would need more information.
A lot of people have a $100,000 UM limit. If that is the case, I would seek the policy limit from Allstate without the attorney. If the policy limit is higher, or if there is a dispute, you will probably need the attorney. Keep in mind how much the attorney will charge, which will be a substantial amount, which might mean you'd be better off settling without the attorney.
