I was in an automobile accident and my lawyer sent in a demand letter for 100,000.00. If i hold out could i get more than that.

Asked about 2 years ago - Milton, FL

The lady that hit me was clearly at fault. She was charged and convicted of DUI

Attorney answers (7)

  1. John Michael Phillips

    Contributor Level 19

    13

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    Answered . The value of every claim is chiefly based on what injuries you have. To have a claim worth more than $100,000, you'd need substantial medical bills, a permanent injury, and/or surgery. It is likely that is policy limits. In the case of a drunk driving wreck and serious injuries, you could exceed policy limits AND get punitive damages, but that is based on ability to pay of the drunk driver. Unless it is someone made of money or a company, people rarely have enough assets that an excess judgment nets you anything they cannot bankrupt out of.

    Since you are represented, I wish you well. I hope this helped.

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  2. Stephen Scott Stone

    Pro

    Contributor Level 9

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    Answered . The amount that your case will be valued at for settlement or by a jury depends on the liability and the damages. The liability is clear according to your post. It now comes down to how severe your injury is and how much your past and future medical bills are and how much you have lost in past and future wages. Also, pain and suffering is also a factor if you have a permanent injury. All of these factors have to be weighed to determine a fair value for your case.

  3. Daniel Nelson Deasy

    Contributor Level 20

    8

    Lawyers agree

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    Answered . Well -- it depends on if there is more than 100,000 available either through insurance or the personal assets of the drunk driver. Talk to your attorney abotu the possibilities!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. William David Umansky

    Pro

    Contributor Level 19

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    Answered . My colleagues are all correct. Depends on your injury, the insurance available and the defendants' assets. Just be ready for a fight as insurance companies hate paying out even on drunk driving cases! Good luck to you!

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  5. Henry James Graham II

    Contributor Level 10

    5

    Lawyers agree

    Answered . First, these are questions best directed to your lawyer. I am sure your lawyer has told you the at-fault driver's bodily injury insurance limits, which are almost certainly $100,000 based on your questions. If true, that would be all that person is liable for in the normal course of events under that policy. There are situations where a greater recovery can be made, but too complicated and remote at this juncture to get into. However, this is a classic case undescoring why uninsured/underinsured motorist (UM/UIM) coverage is the most important insurance you can buy, but it often not purchased by consumers. I strongly recommend you purchase this insurance for the future, so if you or a family member are ever in a serious wreck, you can count on that amount being available to compensate you for your injuries. You can never count on the at-fault driver having ANY liability insurance (which is not illegal), or not having enough for the severity of your injuries. Good luck to you and stay in touch with your lawyer. He/she is your primary resource and advocate!

    No comments or observations should be construed as establishing an attorney-client relationship. All comments are... more
  6. Benjamin Russell Anderson

    Contributor Level 11

    6

    Lawyers agree

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    Answered . I agree with my colleagues that the value of your claim depends on the extent of your injuries, future medical care that may be required, lost wages, and pain and discomfort. This must be all documented by physicians, etc. and your attorney. There is a lot more to valuing claims than just holding out. The fact that the defendant was DUI should help bump the damages, because the insurance carrier for the defendant will likely want to avoid trial, as juries are not very tolerant of drunk drivers causing injuries. The insurance company will not be liable for punitive damages, but your compensatory damages would be arguably elevated due to the drunk driver--you would likely garner more sympathy from the jury--and that increase in compensatory damages would be payable by the carrier. Ultimately, there are many issues that your attorney will be evaluating when deciding to hold out and prepare for trial. Best of luck to you.

  7. Steven Mark Sweat

    Contributor Level 19

    6

    Lawyers agree

    Answered . This depends upon a lot of things including the extent of your injuries. It is best to discuss this with your lawyer.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more

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