What is the average compensation for the broken foot in car accsident?

Asked over 4 years ago - Los Angeles, CA

My girlfriend get in a car accident, the guy hit her front to front; he was under drugs and got criminal charges. Now his insurance wants to settle for 35000$ which after lawyer take his part will barely pay medicals. In addition his insurance stressing out that she didn't report pinched nerve right away, only after a month of accident, and that she was wearing small hills on the deposition. Did they have valid defense is it wise to settle or should we go to court? She was unable to work her full hours for a month, her foot was broken, she got concussion and pinched nerve. Our lawyer just want to settle and finish fast, but it seems to me that he just pursue his own interests. What are average estimates for cases like that? in your opinion should we settle or go to court?

Additional information

Thank you very much for your responces. I have some additional information to share though. My gf had 4 broken bons (fractures) in her foot, neck injury, sholders tendenitis, post concussion and pinched nerve. Residual injuries include: pain in the foot, headaches, pain in the neck and sholders. She cannot walk for a long time anymore, has to stop and rest ect...Defendants policy limit in 100,000$ Does it make sense to go to trial?

Attorney answers (6)

  1. Kevin Paul Smith

    Contributor Level 14

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    Answered . It's impossible to give you a valuation without more information. It depends on what her damages were, i.e. property damage (car), lost wages, medical expenes, whether she'll require future medical care, and if she'll miss additional days of work.

    It also depends on the policy limits of the other driver, and whether the other driver has any other assets. If there isn't any additional money to go after then settling now may be in your best interest. If the other driver's insurance is not enough to cover her damages you'll want to at least settle for that driver's policy limits so that your girlfriend can make an under-insured claim against her insurance if she has that type of coverage.

    Ultimately she should discuss these issues with her attorney.

  2. Adam David Sorrells

    Contributor Level 13

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    Answered . The other contributors have done an excellent job answering this question. Unfortunately, lawyers are like police officers, teachers, etc., in that there are good ones and bad ones. Some personal injury lawyers (sometimes seen at big state wide firms that do lots of advertising, but this is a generalization, and does not apply to a specific firm, or any lawyer within a specific firm) run these cases like mills. In other words, they do lots of cases, they settle them for what they can get, and they move on to the next case. Other lawyers will fight harder for more money, and take cases to trial, when that is the best thing to do. I have no idea who your lawyer is, or what that persons reputation is.

    You should have a heart to heart with the lawyer, and find out exactly why that person wants to settle, and thinks the offer is fair.

    Adam Sorrells
    Chico Injury lawyer

    Disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only. Time is of the essence.

  3. Steven Ronald Kuhn

    Contributor Level 15

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    Answered . It seems like $3,500 is low for a broken foot. However, I would need to know the amount of medical bills, when she started treatment, how long she treated, the residual problems, if any, the amount of her loss of earnings and the amount of damage to the cars. Have a sit down with the attorney and have them explain why they think it is best to settle for such a low amount.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change

  4. David Lewis Templer

    Contributor Level 8

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    Answered . You have not provided enough facts to estimate the value of the claim. Foot fracture cases may settle for as little as $2,500.00 or be more than $100,000.00. The value depends as much on the nature of the fracture, the scope of the treatment, whether there was surgery, anticipated medicals, residual issues and the presentability of the client and case. Whether the person is able to wear normal shoes and whether the person appears to walk normally after the healing process are relevant facts.

    However, in Florida where we practice, impairment of the at-fault driver is an entitlement to punitive damages.

  5. Andrew Daniel Myers

    Contributor Level 20

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    Answered . A broken foot could be anything from a hairline fracture to a multiple complex fracture requiring surgical intervention and hardware. So, I wish I could give you a precise answer down to the penny, but the formula includes a number of variables. I evaluate personal injury claims every day and have published an article on the topic. To summarize, the ultimate settlement range includes evaluation of the following:

    Total dollar amount of all medical bills.
    Itemization of portion of medical bills that are outstanding or must be paid through liens.
    Length and extent of any total disability.
    Length and extent of any partial disability.
    Residual loss of function/disability.
    Permanent scarring or disfigurement.
    Potential need for future treatment.
    Diagnosis of all injuries.
    Lost wages/lost earnings capacity. (Documented, not speculative. “Under the table” earnings do not count.)

    Each factor must be clearly documented. Each must have been caused by the accident, confirmed in a medical report.

    The existence of prior injuries adds a wrinkle to any case, but can be dealt with.

    Have a heart to heart talk with the attorney. Find out what the total applicable insurance coverage, including your girlfriend's own underinsured coverage, if available, would be to cover this.

    I wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  6. Theodore John Koban

    Contributor Level 13

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    Answered . There is no average. The value of your claim depends on a number of factors. For exmale, a broken foot of a legal secretary. with 5% residual impairment, will be worth less than a 5% impairment of a world class ballerina, Obviously, this is an extreme case but you get the point. An attorney who is familiar with all of the facts of your case and your medical records might be able to give you a range of value.

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