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Deciding on a fair settlement counter-offer?

Norwalk, CT |

Hi,

I have a great lawyer who I trust very much, but some outside opinion would be much appreciated

I was in a car accident which totaled my car - 100% their fault (I have a perfect driving record, btw).

Required two different tendon surgeries on major upper limbs of my body which may cause perm. pain. Some head damage/ treatment, which seems to have subsided & some other minor issues.

Essentially a year of my life wasted and still in pain during certain activities daily, albeit thankfully doing much better.

Received a settlement offer, which I feel is low. Before talking to my lawyer, I'd like a general idea of how much to counter at. Is there a range I should be looking at or calculation to use based on bills?


Thank you very much for your time and advice.

Attorney Answers 8


  1. Sorry, but I'm somewhat cynical and question whether you have an attorney. That said, only your attorney can and should opine as to value. Your lawyer knows your case, we don't. Get yourself a qualified attorney and good luck

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. There is no formula. The best thing to do is talk to your lawyer, who knows the specific facts about what you went through, and decide together on a good counter offer. Go with your gut, but also listen to what your attorney tells you. He can tell you what juries in that area have given other victims with similar injuries to you. He can also give you a cost/benefit analysis of money now versus money after trial or even months down the road. If you strongly disagree with how your attorney values your case, talk it out with him. Maybe there are reasons one or the other of you had not considered. Best of luck.


  3. Folks often post questions on this forum asking what a fair settlement is for a personal injury matter. Unfortunately, no attorney is going to be able to give you a substantive answer without reviewing all of the circumstances, medical records, etc. Your attorney is in the best position to give you advice on any proposed settlement since he has all of the detail about your injuries and other factors that relate to your case. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  4. Your lawyer is the only person who knows the facts of your case, so give him a call to discuss.


  5. You really need to talk to your own lawyer. Every case is different and your lawyer knows the facts of your case.


  6. If you have a great lawyer, you should have confidence in him or her. If you switch lawyers to second guess the decisionmaking, what is to say you will ever be happy with any lawyer, even if the next one is also great. If you are unhappy with your lawyer, then you should consider changing, but to second guess judgement is in poor taste.


  7. Don't freak over the first offer, which is usually low. Talk to your lawyer as this is part of the negotiating process.


  8. There are so many factors that go into the valuation of a personal injury case that it would be a disservice to you to try and put a value on your case without knowing them all. Even after talking to a client for over an hour there are still documents I generally need to see and read before I am comfortable giving them my professional opinion on the value of their case.

    If you like your lawyer then he or she has apparently done something you liked. Talk to your attorney and ask questions. Write down questions you think of before the conversation. Don't be afraid to ask anything. Its your case ,and I doubt your attorney will be offended. I tell all my clients that I will give them my opinion and all the information I can, but the ultimate decision is theirs. If your attorney is not willing to engage you in a discussion on how to value your case, then consider getting a second opinion. But, that will likely require an office visit to someone.

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