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How much is a fair settlement? Auto Accident

Fontana, CA |

Auto accident: Man went through red light. He was driving a car and I had a Hyundai Tucson. My vehicle was totaled (it was paid off too and now I have a car payment). Anyway I went to Chiropractor for soft tissue injury. Bills total $3000.00. My ins. co. paid all the bills in full. The ins. co. whose client was ''at fault'' (both ins. co agree) on this. His ins. co. picked apart my bills and paid $2500. Offer to me for full and final settlement $3800.
I do not work and so as far as missing work the adjuster thinks that it was not a big deal for me to travel back and forth to the Dr. Adjuster came to me house before I started treatment and basically offered me the same amount. What is a fair settlement? Should I ignore her latest letter of offer or just answer ''No''.

Attorney Answers 7

Posted

Sorry, but no attorney should opine as to "value" without reviewing the important aspects of the case - such as medical records. To do so is unprofessional and irresponsible. That said, the offer may be fair. Is there a reason why you did not retain an attorney? Study after study confirms that most, not all, people, net out ahead with a good lawyer. My advice is to speak with local and qualified attorneys. 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 www.nyelderinjurylaw.com

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Asker

Posted

Thank you, I will call a lawyer today.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Your welcome. Based upon what the attorney says, you may want to consider speaking to one or two more. Good luck.

Posted

There's really no way to tell the value of a case without looking at the medical records, police report, property damage, determining the witness potential of the parties, etc. That being said, the offer sounds a little low. As previously mentioned, study after study has shown that folks who retain counsel to represent their interests come out better than folks who do not. It's like that old saying, "the person who represents himself, has a fool for a client." Contact a lawyer in your area and make an appointment. Take all of the paperwork you have and let them look at it for a better evaluation.

This communication is not intended to, and does not, create an attorney-client relationship.

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Asker

Posted

I will seek out an attorney. I had 2 witness' who confirmed the other driver at fault. I was turning left on a green arrow and he had a red light that he says he did not see he hit me pretty hard. Thank you I live in Southern Cal. so I will call a lawyer today.

Posted

Best to consult with a local personal injury lawyer.

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Posted

As noted by the other attorney's, a fair evaluation of the value of your claim would require review of all the available information. For instance, you don't list how much you are claiming for wage loss and whether you continue to experience pain or discomfort from your injuries. You should take advantage of a free consultation with a personal injury attorney to assess your case. Most good attorneys will give you information over the phone. You are welcome to call my office.

S. David Rosenthal
ROSENTHAL LAW
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
Phone: (916)774-7200
Fax: (916)774-7203
sdr@drinjurylaw.com
www.rosenthalinjurylaw.com

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Posted

Trying to settle an accident case without a lawyer is just plain silly. Retain a personal injury lawyer in your state and get maximum compensation.

The answer does not create an attorney-client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

There's no magic formula for putting a value on your claim. You must consider the nature and severity of your pain and suffering, the long-term prognosis, the amount of your medical bills, inconvenience, etc. You stated that you don't work, and suggest, therefore, that you have no lost wages for which you would otherwise be compensated. That, however, does not justify the adjuster lowering the value of your claim. Having said that, $3,800 seems pretty low for an injury that required $3,000 in chiropractor bills alone. You should consult a local personal injury attorney.

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