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How do I know if my settlement offer is reasonable?

Portland, OR |

I was in an accident with a car, I was on my bicycle. My non-dominate wrist was fractured in the accident. The insurance companies have deemed it to be the drivers fault 100%.

I was in a splint for a week and a cast for 12 weeks. I work in software, so I rely on my wrist and hands a lot. My wrist still hurts nearly every day, even almost a year after the accident.

Typing for too long or doing exercise like push ups causes me pain. The driver's insurance company has offered me $7,500 for pain and suffering. I worry that's not enough, since it still causes me pain and I don't know how much longer that will last.

Attorney Answers 6


  1. Best answer

    I'm sorry to hear about your injury. As a cyclist myself, I understand what this must have done to you.

    You really should speak with your attorney about what constitutes a "reasonable settlement" in your case. If you have not retained an attorney, you really should. These types of cases are case-specific and factors such as the amount/extent of treatment, the crash itself, you as a plaintiff and the other driver as a defendant, etc. The variables are far too numerous to list here. I'd consult with a personal injury attorney before negotiating a settlement. Most, myself included, offer free initial consultations where you can discuss your case in a little more detail and with more candor than you should online.

    Good luck.

    If this information has been helpful, please indicate below. DISCLAIMER: This information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation. Scott W. Edwards Attorney at Law Schauermann Thayer Jacobs & Staples 1700 E. Fourth Plain Blvd. Vancouver, WA 98661 PHONE: (360) 695-4244 FAX: (360) 696-0583 E-MAIL: ScottE@stjs.com


  2. In my opinion that offer is ridiculous. Consult with a personal injury attorney as soon as possible.


  3. As others have stated, it is impossible to determine exactly how much would be reasonable without speaking to you in person during a consultation. However, claims adjusters will try to low ball unrepresented persons. Represented individuals typically receive significantly larger settlements than unrepresented persons. You should speak with a personal injury attorney before agreeing to any settlement and you should do so quickly as the statute of limitations here in Oregon for this type of injury is only two years.

    I am an Oregon attorney licensed to practice in the State of Oregon. The information provided on this website is not legal advice and does not constitute legal services, and it should not be considered to be legal advice or the provision of legal services. For advice concerning your particular legal issue you should contact an attorney. To schedule a consultation, please email or call me. Contacting me does not create an attorney-client privilege, so please do not send me confidential information until we have established an attorney-client relationship. Any result that my law firm may achieve on behalf of one client in one matter does not necessarily indicate that similar results can be obtained for other clients.


  4. To give you an example, a major national insurance company based in Pennsylvania pays unrepresented parties 11% of what they pay parties represented by an attorney. That should give you an estimate.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. I explain on my website below why it is so hard to answer what a case is worth after reading a couple of paragraph of summary, no matter how well written.

    While I don't practice in Oregon I would handle your case if it were in Las Vegas for a 25% fee and I am sure you can find similar offers of a reduced rate in your area since liability is admitted.


  6. I completely agree that that offer is ridiculous. Insurance companies are in the business of making big profits by making low offers on cases such as this. They do this to people without lawyers because they know that you ultimately will settle. Insurance companies take note when you hire a personal injury attorney with a proven trial record. They know they will have to negotiate fairly because if they do not, they will be taken to trial. Insurance companies do not like to go to trial because the amount of money you receive is no longer up to them, it will be up to a jury.

    I, and nearly every other personal injury attorney in Portland, offer a free initial consultation. That would be a great time to more fully discuss the specifics of your case and talk about what kind of settlement/verdict you might ultimately expect.

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