Auto Insurance Claims: how much can I expect, car damages, economic losses


Question
QUESTION: I was involved in a accident one afternoon when I was at a intersection about to make my left hand turn,remind you there where already two cars ahead of me,as I went to turn on the green light the car go about 40 miles ram smack into me caused $5600 in car damages which they totaled and $5000 in medical and hospital bills.when they offer me a settlement what is the range amount should I accept and can I get punitive damages also,for her part in running a red light,I still have a slight limp,and I missed my last 4 games in my football season.And can I receive lost wages if I couldn't take a position at the airport due to lifting ad things of that nature? Sorry for the long question just need  a few answers

ANSWER: ************************ FOLLOW UP *********************
Hi Vonswell,
No, You should make a demand for around $19,200 and be willing to compromise for a lower amount.  You are including pain & suffering in the total settlement amount.
You are not entitle to putative damages just because the other party red light.
Bennie


Hi Vonswell,
A settlement for personal injuries (pain & suffering) is generally based on a factor times your total economic losses.
That would include your medical and hospital bills, phtsical therapy, prescription drugs and any documented wage losses.
Every state has a statue of limitations in which a personal injury claim must be settled or a lawsuit filed to extend time.
In Tennessee and Kentucky, that statue is one year.  Most other states allow two years and a few allow three or more.
Once you are recovered and able to total your economic losses, you should submit a copy of them to the other insurance company along with a settlement demand of 3.2 times the total.
They will initially offer a much lower amount, but through the process of negotiation, you should be able to settle your injury claim for 2.5 - 2.75 times your total economic losses.
I hope this has been of help.
Sincerely,
Bennie

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QUESTION: Do I need a attorney,and if I hire a attorney already do you think he can get more than 19k,and if not do I have to stick with that attorney and can I just pursue it myself.I would like to get atleast 20k myself.

ANSWER: Hi Vonswell,
Your expectations of a $20,000 settlemet for $5,000 in 'specials' is unrealastic.  If you have already hired an attorney, he is entitled to 1/3 of your settlement.  
Based on the information that you have provided to me, in my opinion your claim has a maximum value of $12,750 - $13,700, less the 1/3 that will be kept by the attorney.
Bennie

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QUESTION: My attorney contact me today say State Farm counter offer his offer of 16k to 5800 for everything including medical,this dont seem fair what should be my next offer and can I fire my attorney if that all he can get me is he just concern about his 1/3 or doe that sound right.

Answer
Hi Vonswell,
Based on your earlier statements of your injuries and your $5,000 in specials, an offer of $5,800 is totally unreasonable.
Yes, you can fire your attorney, however, he is still entitled to payment for his efforts spent working the case.
Since I am not an attorney, I can not give you a guess of what amount
that he would be entitled to receive.
You need to make an appointment and discuss this entire matter with another attorney who can properly advise you according to the laws of your state.
I hope this has been of help.
Sincerely,
Bennie