QuestionI was T-Boned in my car last year in October. It was around 2am and I was driving my two friends to their car. I got off the freeway, and was hit by a pickup truck in my driver side door as I was proceeding through my green light. He ran the red light going at least 35 mph. He apparently did not have his headlights on either. He blew a point .02 2 hrs after the accident occured. He admitted to drinking that night. I was pinned in my car for 45-50 minutes and the fire dept had to cut me out with the jaws of life. The cut the entire roof off. I sustained 4 broken ribs, a lung contusion, a bone chip in my left knee, and a lot of brusing on my left side where the truck impacted my car. I already know he is at fault, and I have a very good lawyer who is handling my claim with the other drivers insurance. I lost my job b/c of the accident, and lost my apartment as well, b/c I lost my job. I had to live at my girlfriends mothers house, and that just added more insult to injury. Anyway, I was wondering, how much should I expect, in a ballpark est., to receive for this claim? My lawyer does not like to deal in possible ammts, b/c you never know he says. But I have been waiting so long, and I just would like to kind of know. Thanks a bunch.
Scott
Answer
Dear Scott,
You have asked me to value your claim, but that is impossible given the little information I know about you, your medical history, your course of treatment, your prognosis, etc.
Valuation is not like going to a drive-in for a fast food meal. It takes time and study of many factors, including liability and medical records. The "rule of thumb" is just that: a gross estimate.
Let's start with geography. Values differ from state to state, and within each state. City values are often different than rural values on claims.
Next, the seriousness of the injury, and of course, whether or not the injury can be proven by objective evidence (that nerve conduction study), or whether the only proof is subjective (your statements that you feel pain).
In summary, you have a serious injury, and your attorney should be the best source of information as to what those kinds of cases are worth.
Can I tell you why I never liked it when clients used to ask about values of the case during the early stages? There are two reasons.
First, when a client asks the attorney how much the case is worth, it makes us nervous. It makes us think that they are a gold-digger: someone who is more interested in "gaming the system" than getting better and moving forward with his life.
Second, we do not like to be pinned down on a value just in case we cannot achieve it. The attorney will want to be made to look like a hero by undervaluing a claim and then getting a higher settlement.
If he tells you what he really thinks, and is hoping for ($100,000), but he only gets $60,000, then he will have to do a lot of explaining. But if he guesses real low for a value ($45,000), then he gets to be the hero when he brings home a $60,000 settlement.
I know that there is a time and place to discuss valuation, but I also know that many clients are just curious. Thus, we would be agreeable to discuss the value in general terms. Maybe that is what you can ask your attorney.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com
