Is a big scar on my sheen due to car injury considered permanent injury?

Asked about 2 years ago - Clackamas, OR

I was injured with neck strain, lacerations, bruised ribs, swollen knee, and I was at no-fault. I recovered after 90 days, but left with a big scar on my leg, the insurance claimed that injuries were soft tissue injuries. Is a 10,000 settlement a just compensation for my pains and sufferings that lasted 90 days?

Attorney answers (3)

  1. Joanne Reisman

    Contributor Level 16

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    Answered . Sounds like you have an attorney who made a demand for $10,000.00 under an Oregon statute called 20.080. The maximum you can ask for is $10,000 so that's why you hit that ceiling. (if you don't have an attorney - it may be that the insurance company is anticipating this type of demand to they just offered the maximum that the statute would make them pay to avoid an attorney fee penalty.)

    Sometimes it is better to settle for this amount not because it's the right amount, but because the alternative won't be much more after the dust settles. Let's do the math. If you take $10,000 and pay your attorney 1/3 - you pocket $6,666.00. Now let's say your injury is really worth $20,000.00 and your attorney asks for that. The insurance company knows that they don't have to offer more than $10,000 to avoid the risk of attorney fees so they are not likely to offer anything more if you ask for $20,000. You will have to do a trial. If you win the $20,000.00 you will now owe your attorney more because most attorneys require a higher percentage - like 45% when they try a case. So that would be $9,000.00 to your attorney. But to win at trial you have lots of expenses which come out of your share. The cost of depositions, exhibits, and expert medical witnesses. So if the expenses are $5,000.00 then by the time you pay the higher attorney fee and the extra expenses you only end up with about $6,000 - close to the same amount you would have gotten with the $10,000 offer and not trial expenses.

    This is why you can't just look at the dollar amount of the offer. You have to factor in the additional costs of any alternate strategy. Go and talk to your attorney or if you don't have an attorney, call one and talk to them. You might want to read the article I wrote on what you should and shouldn't do if you have an auto accident. I will past the link below. Good luck.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more
  2. Steven Mark Sweat

    Contributor Level 19

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    Answered . This really depends upon what your medical records say your injuries were and whether any doctor has given an opinion that you might have a need for future treatment. You should consult with an attorney and have them review the medical records, bills and, possibly, also get a further examination by a competent Medical Doctor.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    5

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    Answered . To answer your opening question, I woulldconsider a a scar a permanent injury. How much it is worth is another matter.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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