General Question

Kiwano's avatar

Personal injury ?

Asked by Kiwano (41points) March 16th, 2008 from iPhone

how is the amount of a personal injury settlement determined? I was in a motorcycle accident… Destroyed right knee and shattered both hips, other driver was found responsible. I will have missed 8 months of work, and have had a “not so successful surgery. I retained a top notch lawer and am interested in knowing a rough estimate on how much I may receive .

Observing members: 0 Composing members: 0

12 Answers

Response moderated (Spam)
bulbatron9's avatar

If I were the judge, you would never have to work again!

allen_o's avatar

my aunt was in a simmilar accident, except she was off for 18 months, she got £45,000 which is about $100,000

DeezerQueue's avatar

A settlement is negotiated between the parties and later approved by the court. If a settlement is reached, there is no need to have a trial to either judge or jury, just approval by the court (judge) once it is reached. The amount of a settlement is difficult to put a pricetag on. Medical bills, potential future medical costs, loss of earnings, potential loss of earnings, disability, long or short term, suffering, are all factors that will make a determination as to how much you will offer to settle for. There is no “one sum fits all” in such a scenario.

In addition to this, if you have entered into a contingency fee agreement with your attorney, his costs will be shaved off the top before he takes his agreed upon percentage.

You know your own financial situation, how much the bills are, so really you are in a better position to know what your initial offer is for settlement, and the likelihood of getting that if it’s completely out of line with the situation.

boffin's avatar

…..and am interested in knowing a rough estimate on how much I may receive .
Before or after your “Top Notch Lawyer” gets his cut?

Kiwano's avatar

Either boffin…. He is getting a flat percentage… So far I’m at about $180,000 in just medical bills

DeezerQueue's avatar

Assuming the responsible party had insurance, your attorney will be dealing with the defense counsel of his insurance company. They can be tough nuts to crack and have an endless stream of financial resources. It will be a long process, most likely, particularly in light of the fact that your medical issues haven’t been resolved.

Having worked in the medical malpractice / personal injury sector as a legal assistant for a few years, and in civil litigation more than 15, I can tell you that it won’t happen overnight. Have patience and allow all of the appropriate support for your case to sufficiently gather, it will take time. In essence, you will be preparing for trial, with an eye toward settlement. Their first offer is generally a paltry one.

I must also state that there are differences from state to state as to the rules of litigation, which may also dictate how your case goes.

In either event, I wish you a lot of strength, luck and determination in seeing it through. It can be frustrating at times, but know that your attorney and his staff are doing their best to get you what you deserve. It’s a shame that you have to be in the situation at all, and I, myself, am no stranger to chronic pain, having anesthesia dolorosa after a poorly performed radiofrequency rhizotomy. Unfortunately, I live in a country where legal representation works differently, and my recourse is far less than yours.

motoxdude102's avatar

Im not to sure on this but in my state (michigan) i’m pretty sure the amount of work you miss doesn’t matter much it just depends on what the judge thinks.

Usually, the one at fault would have to pay things such as the medical bills, damage to the bike, etc…

It’s usually just direct damage from the accident.

Also if both sides have insurance then your insurance may go after the other persons insurance and sew for any costs.

I dont know if that helped much but good luck.

Response moderated (Spam)
Response moderated (Spam)
Response moderated (Spam)
Response moderated (Spam)

This discussion has been archived.

Have a question? Ask Fluther!

What do you know more about?
Knowledge Networking @ Fluther