Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


How Much Is My Auto Accident Personal Injury Claim Really Worth?

Discussions relating to Personal Injury Law

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby Omari » Sun Feb 02, 2014 1:02 pm

I got rear ended with my mom in the car and is not my fault. But the other car don't have insurance. I have to claim my AllState uninsured motorist policy. The total of medical bills for me is $12,165 and for her is $10,009.12 and it's already paid off by my PIP coverage. AllState offered my lawyer a check for me at $8285 for my case and a check for my mom's case at $7801. After paying the lawyer fees I only get $2614.68 and my mom will get $2679.31My offerSettlement Amount($4000)New Money+$12165.00 Medical = $16165.00 My lawyer takes 1/3 from this total. Then All-State gave a contribution towards attorney fees $4055 and $230 case cost+new money $4000= payout $8285 - lawyer fee =$2614.68 for meMy Mom's offerSettlement Amount($4300)New Money+$10009.12 Medical = $14309.12 Lawyer takes 1/3 from this total. Then All-State gave a contribution towards attorney fees $3336.37 and $164.63 case cost+new money $4300=payout $7801-lawyer fees=$2679.31 for her.should I switch lawyer?
Omari
 
Posts: 11
Joined: Tue Jan 21, 2014 9:54 pm
Top

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby Agustin » Mon Feb 10, 2014 12:58 pm

Here are couple of items I typically consider in the evaluation of the case. Generally these items will be revised and updated as the case progresses, and when the case is ripe for settlement, the final version of this list should be quickly referenced during negotiations. Some of these items may be completely omitted depending on each case and its specific details and circumstances:How does the client appear?Current AgeAge at Time of AccidentLife ExpectancyOccupationand Means of SupportHow does the defendant appear? I can't tell you how many times I've managed to catch a defendant in a lie or discover some character flaw which allows for the insurance company to quickly recognize that a jury will not be favorable to their insured. This is a double edge sword. This also applies to the plaintiff.Special DamagesEmergency Room TreatmentHospital ExpensesMedical Expenses, Prescriptions, Medical AppliancesLaboratory ExpensesLoss of Earning Capacity/Reduced Earning CapacityLoss of Future EarningsFuture Medical ExpensesDiminished Life ExpectancyProperty DamageOther Special Damages?Is liability clear?Are there any questions surrounding disability?Pain and SufferingDurationTreatmentResidual Effects on Plaintiff's LifeLoss of consortium claims(loss of love and affection of spouse children etc.)Limitation of activities?HobbiesSportsSocial ActivitiesCharitable ActivitiesFamily ActivitiesChange of personality?Anxiety/Fear/DepressionLoss of Self-EsteemEmbarrassment from physical disfigurement?Insurance company/adjuster-they are not all the sameAlso very important here is how strong your medical experts R. R. treating physicians strongly in their opinions and how did they come across one expressing those opinions?Determining the value of the personal injury claims can be an endeavor as difficult as nailing Jell-O to a tree. However, perception at every level should be considered.   www.BodeyLaw.com 27 months ago
Agustin
 
Posts: 13
Joined: Fri Jan 10, 2014 10:50 am
Top

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby Demason » Thu Feb 13, 2014 8:49 pm

I'm not sure how the UNINSURED motorist thing goes Where they illegal? as in alien??? If not maybe you can sue them for personal injury. I would check your opetions with different lawyers. The one I have knows NO FEAR and he is awesome. I used him several times but on 9/21/2001 I was in a collison with several cars including a fully loaded cement truck(the cause of the accident) I wasn't hurt thagt bad, but my NEW car was destroyed. This guys insurance & mine really tried jerking me around..........it took 18 months but I finally got what I wanted. My BFF was just rear ened at a very high spped in August, and her insurance & the other guys tried to get her to sign stuff & takr so much $$$$$$$$$$$. I freaked and I told her, DO NOT SIGN ANYTHING EVER! don't even talk to them and I took her to my lawyer and hes handling the case. It pretty much sucks that you pay out insurnace all your life. Like I pay 800$ year and I had had that peticular comapny for about 10 years. So I get in wreck which is not my fault....and my car is totaled, so my insurance company pays off my totaled car and gee I have NO car....yeah mines paid off, but how do I get to work? No car. so I had to take out 3,000 to put down on another car that I really didn't want, but I had to have a car right away. I swear the entire Insurance policies are bu&ll*&^% Go talk to another lawyer! buffee 74 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
Demason
 
Posts: 9
Joined: Mon Jan 20, 2014 9:26 am
Top

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby dolaidh64 » Fri Feb 14, 2014 8:58 pm

I don't think it is an issue of changing lawyers. Allstate is playing hard ball. A review of your policy will probably reveal that you have to either arbitrate, mediate or file suit. You can say no to the settlement and direct your attorney to pursue the more formal route. The only time you really should get another attorney is if you are simply unsatisfied with your current one. Allstate's low ball offer should not be reflective of your attorney in anyway.   www.BodeyLaw.com 27 months ago
dolaidh64
 
Posts: 13
Joined: Wed Oct 03, 2012 3:42 pm
Top

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby barraq96 » Wed Feb 19, 2014 2:49 pm

Where they illegal? as in alien??? If not maybe you can sue them for personal injury. I would check your opetions with different lawyers. The one I have knows NO FEAR and he is awesome. I used him several times but on 9/21/2001 I was in a collison with several cars including a fully loaded cement truck(the cause of the accident) I wasn't hurt thagt bad, but my NEW car was destroyed. This guys insurance & mine really tried jerking me around..........it took 18 months but I finally got what I wanted. My BFF was just rear ened at a very high spped in August, and her insurance & the other guys tried to get her to sign stuff & takr so much $$$$$$$$$$$. I freaked and I told her, DO NOT SIGN ANYTHING EVER! don't even talk to them and I took her to my lawyer and hes handling the case. It pretty much sucks that you pay out insurnace all your life. Like I pay 800$ year and I had had that peticular comapny for about 10 years. So I get in wreck which is not my fault....and my car is totaled, so my insurance company pays off my totaled car and gee I have NO car....yeah mines paid off, but how do I get to work? No car. so I had to take out 3,000 to put down on another car that I really didn't want, but I had to have a car right away. I swear the entire Insurance policies are bu&ll*&^% Go talk to another lawyer!
barraq96
 
Posts: 16
Joined: Wed Oct 03, 2012 2:14 pm
Top

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby Berinhard » Thu Feb 20, 2014 4:48 pm

LAW OFFICES OF BODEY & BODEY, PLLCMichael Lee Bodey, Esq509-327-3456 Web address: www.BodeyLaw.comE-mail address: [email protected]   www.BodeyLaw.com 27 months ago http://www.bodeylaw.com
Berinhard
 
Posts: 8
Joined: Mon Jan 06, 2014 10:32 am
Top

How Much Is My Auto Accident Personal Injury Claim Really Worth?

Postby Deker » Wed Feb 26, 2014 8:33 am

The scope of your question as I read it pertains to the value one should expect when settling a car accident injury claim. Before you can settle a case, you must gather sufficient information to permit both sides to evaluate the case as strengths and weaknesses. If there is a significant disparity in the parties evaluation of the case, it is highly unlikely that the case will settle unless there is a small amount of money involved or actions are taken to persuade one or both sides to reevaluate their position. The prospects of settlement and the effort which is often required to achieve them should not be underestimated nor should they be ignored.For both sides began to reach an agreement in their valuation of the case, each should possess the same significant knowledge, facts, opinions of the facts and conclusions as to the liability and damages. The best way to begin accomplishing this goal is for the plaintiffs, i.e. you, and your attorney to send a demand letter to either the insurance carrier or defense counsel. As I review the post it appears that you may have already done so. Take great care to analyze carefully their liability and damages involved. Of course, consider the defendant's ability to pay any judgment as well as the requested settlement amount. As a practical matter, if the case has settlement value above a nominal sum, you should file suit promptly because it is unlikely that the insurance carrier will respond favorably and expeditiously to a substantial settlement demand unless liability is clear and the damages far exceed the policy limits. Thus, in significant cases, as it sounds in your case, it is often necessary to involve supervisors or defense counsel in reviewing a file for settlement purposes.Unfortunately, no matter what value you place on your case, it will be necessary to ask for more than you are willing to accept. The insurance industry is designed in such a way that the insurance adjusters generally assume that you're opening number is inflated and, therefore, that you will except less in settlement. As it acts claims representative myself this is one of the fundamental place in the insurance playbook. Second, it is essential that they save something off your opening demand in order to demonstrate that they are effectively performing their duties. The old saying is everyone has a boss. Bearing that in mind, a reduction allows the adjuster to demonstrate to his or her boss that they are doing their job. However, in preparing to play this game, take care not to ask such an outrageously large sum that the carrier summarily rejects or demanded refuses to make a counter offer thus forcing you to bid against yourself.TO BE CONT.   www.BodeyLaw.com 27 months ago http://www.BodeyLaw.com
Deker
 
Posts: 7
Joined: Thu Jan 30, 2014 10:45 am
Top


Return to Personal Injury Law

 


  • Related topics
    Replies
    Views
    Last post