What can I expect in a car accident settlement? 40 Answers as of August 22, 2012My wife and I were involed in an auto accident. A lady ran a red. We moved to China the next month. My wife received chiropractic and massage treatment for one month before we left. She has tried to get treatment in China with little succes. 7 montsh later we returned to US for family visit and she received another month of treatment. My wife's U.S. doctor feels she stands a chance of recovery, but we would have to rethink or life in China. We would have to return to China and wrap up a few obligations, then return for her treatments. This would be a huge expence. We are trying to reach a settlement with the driver who caused the accident. What should we ask for? We can we expect?
David F. Stoddard | David F. Stoddard
You do not give enough information for me to advise what to ask for. If you are doing this without an attorney, figure out what you think is fair. Ultimately, the insurance company will base any offer on its view of what a jury might award. Juries d not usually give large verdicts if the only treatment is chiropractic. Often, you can only get the med bills paid and a thousand or two above that. Sometimes, not even that.
Answer Applies to: South Carolina
Lapin Law Offices | Jeffrey Lapin
I cannot answer your question about how much you and your wife's cases are worth as I would need a lot more information. Generally, a person is entitled to be "made whole" for injuries and damages sustained in a motor vehicle accident. There are a number of different items that a person is entitled to be compensated for after they have been injured. These include, but are not limited to: whether an injury is permanent; how the injury affected a person while they were recovering; medical expenses; lost wages; pain and suffering; and inconvenience. There is no "magic formula" to determine the value of a case. Each case is different and dependent on its own facts. I would not consider settling until you know whether your wife's injuries are permanent. Cases are worth more money if someone has a permanent injury. I would strongly suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the possible value of your cases.
Answer Applies to: Nebraska
Law Office of Jared Altman | Jared Altman
In order to sue for being injured in a car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. It doesn't seem like you have that.
Answer Applies to: New York
Durkin & Graham, P.C. | Joan Durkin
Assuming that what your wife has are soft tissue injuries, it would be very hard to convince a jury that she still needed treatment 7 or 8 months later. China has a wealth of treatment options so if she was not so badly injured that she secured treatment there, it would appear that it resolved on its own. That being said, I doubt you could claim any relocation costs as part of this claim. Generally the value of the claim is the total medical bills and lost wages times two. That is often reduced for overpriced bills (EX: doctors charge $110 per visit but your insurance company reprices it and the EOB shows they pay $42, the bill is $42 not $110). This multiple can be higher or lower depending on your county.
Answer Applies to: Texas
Lombardi Law Firm | Steve Lombardi
Your situation is much too complicated to just be able to give you a quick and easy solution. Instead I would suggest you sit down with a lawyer who practices in the county where the accident happened and hire him/her to handle it for you.
Answer Applies to: Iowa
Musilli Brennan Associates PLLC | John F Brennan
Michigan is a no fault state, and it is your insurer who is to provide for your medical expenses. If you are seeking additional funds from the at fault driver you will have to meet the threshold. Next time you are in the jurisdiction engage an attorney to review the situation. Also seek referrals to determine if your can continue your wife;s course of treatment in China.
Answer Applies to: Michigan
Adler Law Group, LLC | Lawrence Adler
There are many questions that also need to be answered. Has the doctor given a permanency rating, what are the insurance coverage's, lost wages, medical bills etc. there are numerous factors that go into valuing and pursuing an injury claim. The insurance company will greatly underpay you if you do this without counsel who can properly threaten litigation and has experience with the adjusters.
Answer Applies to: Connecticut
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
In New York State, the seriousness of the injury is a key factor in how much one would receive in a settlement. You must prove that the injury was of a serious nature in accordance with the New York State Insurance Law, I.e. Threshold. If your wife only received one month of treatment and there was no fractures, scarring, etc. her injuries may not reach the level of injury required in New York. You should contact an attorney to discuss this further.
Answer Applies to: New York
NOLAN LAW LLC | Joshua J. Nolan
The value of your wife's claim claim is largely related to the specific injury your wife received. She is also entitled to recover the reasonable costs incurred for medical treatment, lost wages, as well as pain and suffering. If it is medically necessary for your wife to return to the U.S., you may be able to recover the moving expenses as well. However, without information regarding the specific diagnosis, any lost wages, etc., it is impossible to place a dollar value on the claim.
Answer Applies to: Ohio
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
The value of a claim depends on the amount of injury, time of recovery, how the injury impacts your life and the collectability of the defendant. To be able to recover for personal injury at all you must show a serious impairment of a bodily function, permanent servious disfigurement and/or death. From the information provided it is not possible to attempt to place a value on the claim. You should seek the advise of a personal injury attorney.
Answer Applies to: Michigan
Bernard Huff, Attorney/Mediator | Bernard Huff
You should retain a plaintiff's personal injury lawyer for specific legal advice and assistance. That lawyer should assist both of you in seeking a full recovery of all of your expenses and ?damages caused by the automobile collision.
Answer Applies to: Indiana
Selik Law Offices | JOEL SELIK
In my opinion, until your wife's medical condition is stationary or can be predicted with a reasonable degree of medical certainty, it would be premature to settle the case. Do keep in mind time limitations within which to file suit or take other action or be forever barred from compensation.
Answer Applies to: California
Law Offices of Mark L. Smith | Mark L. Smith
Your questions are too general. These settlements are based upon a number of factors, liability, medical expenses, prognosis and loss of earnings. Without more information your question is impossible to answer.
Answer Applies to: Rhode Island
Timiney Law Firm | Leigh Anne Timiney
It is very difficult to predict the outcome of a personal injury settlement without knowing all the facts of your case. I would strongly suggest you contact an attorney who specializes in personal injury and obtain a consultation. I realize your move to China has made this a more difficult situation for you and your wife. That being said, it is impossible to tell you what type of settlement to expect without knowing all the facts of your case.
Answer Applies to: Arizona
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You probably need an attorney to get a fair settlement or judgment regarding your case. Every case is different and every jury is different. Trying to do it yourself is usually not a good idea. Call a professional.
Answer Applies to: Washington
Ferguson & Ferguson | Randy W. Ferguson
Settlements vary depending on the state and city you live in. They also vary depending on your injuries, medical insurance and insurance coverage of the other driver. You should talk to an attorney about your case. There is no way to determine a fair settlement based on the information you have provided.
Answer Applies to: Alabama
DEAN T. JENNINGS, P.C. | Dean T Jennings
Impossible to give you a value it depends upon the total amount of her medical treatments and if Aussies having his chiropractic treatments without any surgery the value is not very high. You need to get a orthopedic surgeon or neurosurgeon to look at her and determine if she is ever going to need surgery. I have not enough information to even give you a guess. Get a lawyer.
Answer Applies to: Iowa
Andrew T. Velonis, P.C. | Andrew Velonis
Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation and experience in your jurisdiction as to likely range of prospective jury awards. You don't state what the injuries are. Your wife's doctor probably cannot tell right now whether there will be a permanent injury or what the extent of disability will be. At any rate, your wife was well enough to travel to China and back. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best settlement in your case.
Answer Applies to: New York
Hal Whiteman | Hal Whiteman
I am afraid it would be impossible to give you concrete information based on what you have said. Key questions include the exact facts of the accident; the venue of the at fault driver; the degree of and type of injury; the other driver's insurance company; the amount of insurance limits the driver had; and perhaps the amount of uninsured or underinsured coverage you had ( if the driver had no insurance or had less than you carried). Many, many factors go intend calculation of settlements in personal injury cases. I should say that it sounds, again based only on your description, that you were not injured and your wife had minor injuries since she has had only chiropractic and massage treatments. Those types of injuries rarely produce large settlements absent some exceptional circumstances.
Answer Applies to: Georgia
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You have compromised your claim by breaking up your care. but if your dr is strong in your favor (that the accident caused your injuries) you should prevail. Ask for 5 or 6 times your medical bills and take what you can get.
Answer Applies to: North Carolina
Paris Blank LLP | Irving M Blank
You have not given anywhere near enough facts to answer your question. These case do not settle quickly and your situation will make it even more difficult to settle. You should be talking to the lady's insurance company, but more importantly, you should get a lawyer.
Answer Applies to: Virginia