Auto accident settlement: is it correct in The state of VA the settlement is 3 times the total medical bills?

Asked over 1 year ago - Alexandria, VA

If I have 10,000 out of packet in medical bill after my auto accident, is this correct that in the State of VA the settlement should be medical bills x 3?

I was 8 months pregnant and went into premature labor. What about pain and suffering?

Additional information

Additional info: I got hit in the back of my car at the stop sign about 25 miles an hour. I suffered and still do neck and shoulder pain. The insurance stopped reimbursing me for my medical bills and I no longer receiving the treatments. They said they don't see my injury can last for 9 months. Than God the baby was born healthy, but it did take me 3 months to make it to the doctors office, since I was taking care of my newborn.

Attorney answers (7)

  1. Seth Raven Carroll

    Pro

    Contributor Level 12

    12

    Lawyers agree

    Answered . Depending on the facts, you could get much more than that. 3x damages is just an average. Certain cases are worth vastly more money. We certainly push for larger settlements or verdicts when the driver's behavior was reckless or where, as in your case, a fact like pregnancy makes the injuries even worse. You should call an experienced Virginia lawyer ASAP!

    Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be... more
  2. Benjamin Weaver Glass III

    Pro

    Contributor Level 14

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    Answered . It's fiction. Each case depends on its own unique factors.

    Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information... more
  3. Thomas D. Boley

    Contributor Level 14

    13

    Lawyers agree

    Answered . If you even hope to get a reasonable settlement out of your personal injury matter, you need to retain counsel. The longer you wait, the more your claim will deteriorate. You can never put a hard and fast rule of thumb on settlements, but meds x 3 is not unreasonable in Nevada. I'm sure VA is not that far off of that analysis. But that assumes you have counsel.

  4. Nathanael Prada

    Contributor Level 12

    11

    Lawyers agree

    Answered . There is no hard and fast rule for calculating settlement amounts that I know of, but some people seem to agree that 3 times the medical bills is the average. However, there are many other factors that can contribute to your settlement, including: the culpability of the parties, the reasonableness of the medical treatment, the long-term effects of the injuries, etc. I suggest you discuss your case with a local attorney for greater guidance.

  5. Michael Shemtoub

    Contributor Level 17

    10

    Lawyers agree

    Answered . You should get copies of your documentation and hire an attorney to look after your best interests if you have not done so already and before you agree to sign any settlement documents. If you do have an attorney, make and appointment to discuss these concerns..

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . No, that's silly. Without a personal injury lawyer, you'll get 1/10th of the true worth of the case.

  7. Jonathan Craig Reed

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Here is why you haven't gotten a more factual answer to your question:
    1) Out of pocket medicals are not the medical specials. Medical specials are total medical bills. If you have health insurance, your medical bills are much larger than your out of pocket and the health ins. co. undoubtedly has a lien.
    2) The quality of the medical bills vary. A $60,000 hospital bill for a traumatic leg amputation is a "higher quality" medical bill than $60,000 for spinal pain injections.
    3) The old 3X rule may have arisen in the past where the split was 1/3 for the medical bills, 1/3 for the lawyer and 1/3 for the client. But in recent times medical bills have gotten so inflated that there is always the question of whether a $10,000 medical bill is really a $10,000 bill or, in fact, a bill that will be paid off at a great discount.
    4) A client's prior claim history, prior injuries, can often be relevant but are hard to describe or explain in a short answer forum like this.
    5) Some claims of pain and suffering are more convincing than others; but this can't be addressed in this sort of Q and A forum.
    6) I believe that in most cases--emphasize most--a lawyer, even after their fee--adds value to your case. This is particularly true if the lawyer gives you a discount off the standard fee of 1/3 or 35% or higher. (My firm of Reed & Mansfield which practices in Nevada and, to a limited extent in California offers a flat 25% fee if there is a police report that blames the other drive and not you.)
    Good luck,.

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