Auto Insurance Claims: Settlement amount for broken foot, mega law, special damages

Question
I was in an auto accident in Oct 2006 (aurora, IL) - I was driving to my new job at a local hospital when a distracted driver heading the opposite direction crossed the mid-line and hit my car head-on.  My car was totalled and I ended up with a broken foot and other injuries/bruising etc.  The other driver admitted fault to the police and the insurance company (we both are covered with Allstate).  I have an assigned attorney at a mega-law-firm who has given my case all of 5 minutes of his time (the legal assistant and I did most of the work gathering info).  I was surprised to finally talk to him this week, and hear that he feels my case is worth only $55k to $67k when I had special damages of $42,607 (which he feels are not disputable).  I told him that I have always read that the settlement amount is usually 3x damages - and he laughed and said "that was back in the free-wheeling 70's."  What is a fair settlement amount?  I get the feeling that this firm is most interested in settling quickly to move on to the next case in line - but my case is a good one.  I was not at fault, have a spotless driving record, and went through a great deal of pain and suffering trying to care for my children (1 yr old and 4 yr old at the time) with a broken foot!  If this is not a fair settlement amount, how do I prove that it isn't?
Also, I have read that some expenses (subrogation, lost wages, etc) which are not disputable should be deducted from the attorney's 33% fee - which my attorney of couse baulked at!  At one point I found out they had submitted the request to Allstate with a damages total that was about $10,000 too low.  I had to investigate and get the correct billing from my Orthopedic's office so they could submit a corrected request.  I feel I should at least be able to deduct this amount from the attorney's calculation - is that fair?  Any help is appreciated.  Thank you!  p.s. also, I have a spotless driving record and have never even had a claim before!     
MB - Aurora, IL

Answer
Hi Melissa,

How much and under what circumstances you will have to pay your attorney will be determined by the representation contract that you signed with him. In some cases lost wages are paid to you first and then the attorneys percentage is calculated on the balance. Bit, again that will depend on your contract.

As far as the settlement goes. It is true that settlements are not what they used to be. However, with a broken foot and  over $42k in special damages, I would think you should get at least 2 to 3 times the specials. I am not an attorney and I am not specifically familiar with all of the details of your case, so it is hard for me to second guess your attorney. It is true that some larger personal injury firms are just mills that take the easiest settlement to obtain and move on. If you do not feel you are being appropriately represented, you may look into firing your attorney and finding a new one.

I hope this helps
Richard Hixenbaugh