How is the amount that you receive calculated from an auto accident injury lawsuit/claim

Asked almost 2 years ago - Dallas, TX

This is an auto accident where the driver at fault hit us in the rear, spun us around, and
then hit us in the driver's side. I received back injuries, have had open MRI's of shoulder, upper back or neck(?), and lower back. I have received 25 physical therapy visits, and am going for 2 separate steriod injections this week. Should I look forward to receiving some
type of settlement? Both drivers were insured(I was a passenger in the vehicle which was hit from behind). I do not have medical insurance.(not that anyone has asked me)

Attorney answers (10)

  1. Daniel David Horowitz III

    Contributor Level 14

    19

    Lawyers agree

    Answered . Without an attorney about 20% of what it will be with an attorney.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . Without a personal injury lawyer you will either get #1. no money or #2. an itsy bitsy settlement. Retain a personal injury lawyer so you can recover the compensation to which you are entitled.

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

    Contributor Level 12

    18

    Lawyers agree

    Answered . I agree with Mr Horowitz. You need a qualified lawyer. You will have to deal with medical liens from your health care provider seeking to get their money back from your case. You need to put your insurance company on notice ASAP, hoping you have uninsured/underinsured coverage. The person that hit you may not have enough insurance to even cover your medical liens. You NEED a lawyer to guide you through this process. I wish you well and hope you recover from your unfortunate injuries.

    This answer and all answers and information I provide on Avvo are intended to provide general information only and... more
  4. W. Bradley Parker

    Pro

    Contributor Level 8

    18

    Lawyers agree

    Answered . The insurance company is not going to settle with you on a reasonable basis without your hiring an attorney and making them do the right thing. You absolutely should seek the assistance of a board certified personal injury attorney. We would be happy to consult with you free of charge if you so desire.

    By answering your inquiry, no attorney client relationship exists. Unless and until we enter into a written fee... more
  5. Joel Brantley Hudson

    Contributor Level 10

    18

    Lawyers agree

    Answered . I am sorry to hear about your injury, which is likely a total disruption of most aspects of your life right now. The amount you may receive for injuries related to an auto accident is based on many factors, including, but not limited to: the extent of the injuries, whether the injuries may be permanent, the amount of the medical bills, the number of claimants, etc. There is no rule of thumb calculation and an attorney would need to know a lot more about the accident and the injuries to make a correct evaluation. However, you will maximize the amount that will remain in your pocket by using an attorney, even after paying an attorney's contingeny fee. An attorney can handle all the headaches in dealing with the insurance company for you and the attorney will most likely make claims for certain damages of which you might not be aware. In reality, the insurance company does not feel the true threat of a lawsuit unless the demand is being made by an attorney, and it will show in the low amount offered to someone not using an attorney. You really should seek a free consultation with an attorney soon.

  6. Kevin Coluccio

    Contributor Level 20

    19

    Lawyers agree

    Answered . Contact a local qualified personal attorney. You should talk with an attorney and review all the facts. The attorney can share with you the best options.

  7. Haroen Calehr

    Pro

    Contributor Level 17

    17

    Lawyers agree

    Answered . You should promptly hire competent counsel. Your only a passenger and the driver of your vehicle may already have filed a claim with the third party insurance of the vehicle that hit you. There may be enough insurance coverage from the other vehicle but there may also be just the minimum limits which are low in Texas. Its often times a first come first serve so you definitely should promptly hire counsel. Let me know if you need my help or contact Mr. Horowitz, he's Board Certified and very competent. Good luck.

  8. Henry L. Moore

    Contributor Level 9

    15

    Lawyers agree

    Answered . One size does not fit all on these cases. There is no easy formula. As an attorney, I calculate the case's value by what I think a jury would award if the case does not settle. The insurance company will not likely make a settlement offer on their own. They would be just as happy to let the statute of limitations run (two years from the date of the collision), then there is no claim at all. The at fault driver's liability policy should be in play, as well as any underinsured motorist coverage/personal injury protection coverage both on your individual policy and the policy of the vehicle you were occupying.
    You would probably benefit from having an attorney look at this with you.
    Best of luck,


    Henry Moore, Attorney
    Board Certified, Personal Injury Trial Law
    316 W. 12th, #318
    Austin, Texas 78701
    512-477-1663
    512-476-6212 fax
    henry@moorelegal.net

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  9. Daryl L. Derryberry

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . I suggest you consult with an attorney who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization about your case. It appears you have good liability facts and have sustained some damages that are compensable. I would not, under any circumstances, attempt to negotiate with the insurance company with assistance from an attorney. Insurance companies do not care about making you whole or adequately compensating you for your injuries and damages. The insurance company only cares about paying you as little as possible because the only thing it cares about is saving money. It hopes you do not reatain an attorney because it knows it will be able to settle the claim for substantially less than it is worth by dealing with you directly. That is not a comment on your intelligence but rather the fact that you do not deal with adjusters and insurance companies on a daily basis. Our website is listed below in the event you want information about our firm. However, whether you contact our firm or another firm, I suggest you at consult with an attorney. Good luck and have a great day.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  10. Gregory H. Bevel

    Pro

    Contributor Level 8

    7

    Lawyers agree

    Answered . Car accidents, like most personal injury lawsuits involve issues of liability and then damages and then collect-ability, which most often turns to amounts and types of insurance coverage available to you. As a passenger in a car, as long as you were wearing your seat belt, liability seems to be clear that it was not your fault that you were injured. As for the amount of damages you are entitled to recover, the elements of damages include, medical expenses, past and future, pain and suffering, past and future, lost wages due to the injury or time off work for treatment, past and future, and a number of other items, scarring, future disability, mental anguish. There is not an easy formula which allows us to predict the amount of settlement without much more detail on your past treatment, your present diagnosis, and your future prognosis, as well as the details of what you are experiencing in terms of physical pain. As for the last issue, insurance coverage, your potential case could involve claims against the driver of either or both of the cars involved in the accident, as well as your own auto insurance carrier in the event there is not enough coverage between the two. Each policy has its own unique benefits and limits, there could be Personal Injury Protection coverage available on one or more of the policies. There may or may not be underinsured/unisured coverage available to you. Find yourself a good local lawyer who will agree to consult with you for no charge to discuss all of these issues and make sure you feel comfortable with that lawyer before you hire them. Good Luck.

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