How much should I ask for my settlement and should I take them to court.?

Asked 7 months ago - Gainesville, FL

Got hit in the rear of my truck at a stop light she hit me going 40.00 was at doctors and chiropractors for 7 month's and got release about 4 months ago and still have lot of pain and my neck and lower back have to take Advil most of the time the rate me at 5 %.

Attorney answers (14)

  1. Jeffrey Robert Davis

    Contributor Level 14

    18

    Lawyers agree

    Answered . To answer your question with some measure of accuracy, we would need a lot more information. Case evaluation involves knowing every possible detail about a claim and understanding what that information means. Go see an injury lawyer.

  2. David Thomas Aronberg

    Pro

    Contributor Level 12

    18

    Lawyers agree

    Answered . There a many factors involved that need further discussion to determine the value of your case. You really should consult with a personal injury attorney to discuss.

    You can always call a personal injury attorney and get a free consultation about your case.

  3. Christopher Robert Dillingham II

    Contributor Level 19

    16

    Lawyers agree

    Answered . Most insurance companies use software to calculate the accepted type and of amount of treatment, out-of-packet expenses, and injuries to calculate, pre-suit, what a claim is worth. Soft tissue injuries have a very limited amount of value (generally no more than $5K). Demonstrable injuries, on the other hand, like causally-related herniations and fractures, are worth far more, especially if surgery is required.

    You need a PI attorney if you have anything other than a soft tissue injury or are uncomfortable negotiating with car salespeople or claims adjusters. See my legal guide, "What Is My Injury Worth In Florida?"

    I urge you to hire to hire a personal attorney who actually has insurance industry experience.

    I'm a Florida personal injury, criminal defense, and federal civil rights lawyer. If you have personal injury,... more
  4. Ronald William Slonaker

    Contributor Level 14

    14

    Lawyers agree

    Answered . It would be impossible to value a claim based on these limited facts. It would be best for you to hire an injury attorney that handles car accidents to handle your case for you. I beleive that there are statistics which show that claims handled by attorneys generate higher settlement values. Also, you do not want to rush into a settlement until the full extent of your injuries is determined. Most attorneys will offer a free consult and handle your type of case on a contingency fee basis where you will not owe them anything unless they make a recovery, and then the fee would come out of the gross settlement amount. Remember, the insurance company representatives are experienced at negotiating injury claims and will try to settle for the least amount possible.

    This response is to provide general legal information and does not constitute legal advice nor should it be... more
  5. John Michael Phillips

    Pro

    Contributor Level 19

    13

    Lawyers agree

    Answered . This is not a guessing game or a plug-and-play situation. I've settled similar cases for a few thousand dollars and got a $1.1 million verdict in Gainesville last year against Coca-Cola for what started as "soft tissue." There are a lot of factors, recoveries and the story to be told that determines value. Also, insurance companies will determine whether it is a person "making their own case," a mill's form letter or a detailed demand package that is the determining factor of an offer. And then is that offer suitable? Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors.

    Even in soft tissue injuries, like what you describe, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

    Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not... more
  6. David Herman Hirsch

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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. You need to consult with a personal injury attorney to assist you. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. 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.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . A plethora of factors go into putting a number on a case. Have a local personal injury lawyer investigate and evaluate.

  8. C. Donald Briggs III

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Many, many additional facts would be needed to give an accurate answer to this question. There is no standard, one size fits all formula. You should consult with an experienced personal injury lawyer about your case.

  9. Jeffrey Mark Adams

    Contributor Level 20

    13

    Lawyers agree

    Answered . Sorry, but respectfully I don't think you're a match for an insurance company defense lawyer at trial. Perhaps you should conserve retaining your own qualified personal injury attorney. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  10. David Ian Schoen

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Do not do anything until you consult with an experienced personal injury attorney.

  11. Irwin Ast

    Contributor Level 8

    8

    Lawyers agree

    Answered . You ought to hire a local attorney.

    The response herein is not legal advice and does not create an attorney/client relationship. The response is in... more
  12. David A. Papa

    Contributor Level 16

    7

    Lawyers agree

    Answered . I agree with all the other attorney's The old adage is " One who represents himself has a fool for an attorney" goes for attorney's as well--you need an experienced attorney to review all your medical records and discuss many issues with you. Use the AVVO "Find a Lawyer" tool bar and use it to select an attorney with the experience necessary to give you confidence. Good Luck

  13. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Some clients get an offer from the insurance company and then find an attorney to take the case
    and pay them on the difference.
    The problem is that you can bless up your case with statements you make doing your own negotiation. i do have several attorney friends will take cases like this and they always get
    more than what is offered to the injured.

    Attorney Joe Pippen
    20 Florida Offices
    1-800-226-3529

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  14. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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. The Guides can be accessed through my profile page on Avvo.com.

    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.

    This ans. does not create an attorney/client relationship.

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