What is the most that my attorney can ask for as a out of court one time settlement?

Asked over 3 years ago - Orlando, FL

I was a passenger in a car accident, I have had several months of therapy, and will continue therapy for a long time because I have lifetime injuries. My attorney will be asking for one time settlement, but no one can seem to tell me how much.

Attorney answers (6)

  1. Jose Ignacio Carrillo

    Contributor Level 9

    Answered . Most of the other resposes have valuable information. The value of a case is difficult to pin point at times, depending on the injury. Some are "easier" than others. Depending on the injury "jury reporters" can sometimes be helpful in letting you know what local juries have been awarding on similar cases.

    However, your question disturbs me somewhat in that you have apparently asked how much your atty will be asking for (not what he thinks it'll settle for). With few exceptions the firm representing you will put together a demand package, enclosing copies of medicals, photos, reports and other relevant evidence with a request (demand) for settlement. You should ask for a copy of it and ask your lawyer how realistic the number is in his opinion (some firms have a practice of shooting for the moon at this stage while others demand a more realistic number). If they fail to provide you with this there may be reason for concern, absent a reasonable explanation. How this helps. good luck.

  2. Ruben David Sanmiguel

    Contributor Level 10

    Answered . Make sure you know the applicable statute of limitations in your state to protect your rights. If you fail to file a lawsuit by the statute date you may lose your rights. Your settlement amount will be based upon your damages, pain and suffering and medical treatment. Liability issues and contributory negligence vary from state to state. You mentioned that you are still treating for your injuries. Typically, personal injury cases are not settled until the victim is completely rehabilitated with all medical bills finalized. Many factors determine your demand amount on the insurance company. If you have permanent injuries you may need a medical determination as to the extent of your permanent disability and the future costs of treating permanent injuries. You may also get your job wage losses included in your settlement. The insurance company may give a lower counter offer based upon their reading of the accident report, medical records and extent of your injuries. Oftentimes insurance companies battle each other to determine the extent of liablity of their insured in the accident. Subrogation issues arise from health insurance companies seeking to recoup expenses paid out for your treatment. Settlement negotiations take time to work out. If you can't settle your case, you may decide to file a law suit and pursue a trial leaving a jury to determine your damages. Litigation may be risky and always extends the time and expense required to close your case. Talking to your attorney about the details of your demand is the first step to resolving your claims. Good luck with your case.

  3. Jose Ignacio Carrillo

    Contributor Level 9

    Answered . Most of the other resposes have valuable information. The value of a case is difficult to pin point at times, depending on the injury. Some are "easier" than others. Depending on the injury "jury reporters" can sometimes be helpful in letting you know what local juries have been awarding on similar cases.

    However, your question disturbs me somewhat in that you have apparently asked how much your atty will be asking for (not what he thinks it'll settle for). With few exceptions the firm representing you will put together a demand package, enclosing copies of medicals, photos, reports and other relevant evidence with a request (demand) for settlement. You should ask for a copy of it and ask your lawyer how realistic the number is in his opinion (some firms have a practice of shooting for the moon at this stage while others demand a more realistic number). If they fail to provide you with this there may be reason for concern, absent a reasonable explanation. How this helps. good luck.

  4. Matthew Phillip Konecky

    Pro

    Contributor Level 15

    Answered . I agree with attorney Carillo, there are several factors in determining the value of your case. First, you have to evaluate your injuries. This is done by reviewing your doctors' reports. If you had a primary orthopeadic or chiropractic doctor they will evaluate you based on the AMA Guidlines. The more severe your injury the hire value your case.
    In addition, the case value is based on out of pocket expenses such as medical bills past and future. Lastly, your lost work time can be a major factor. Go over these issues with your attorney that should help you develope a reasonable idea of the value of your case.
    Be mindful, your case may be worth more than the insurance policy limits of the person who hit you. That could result in a lower settlement amount.
    Speak to your lawyer about these issues. Good luck.

  5. Joseph Jonathan Brophy

    Contributor Level 19

    Answered . There are a lot of factors that go into a settlement demand. I generally tell my clients early on that I will not discuss what their case is worth until the other side makes an offer. You should ask your lawyer flat out if that is his or her policy. If so, there are a lot of good reasons for it. If the lawyer mentions a figure he hopes to get, and then doesn't get it, the client may be upset and feel the lawyer did a bad job, even if the lawyer did his best. A lot of factors go into a settlement, and proving fault on the other side is just the beginning. Proving up injuries can be tricky. What something is worth is not a precise calculation. You can have the worst injuries in the world, but usually you can't collect more than the insurance coverage. You should sit down with your lawyer and ask for an explanation of his or her strategy and objectives in the case, and find out if the case presents any particular problems. Don't expect a promise of a dollar figure, but if you don't think you are getting a straight answer, get another opinion.

  6. John Leif Fossum

    Contributor Level 17

    Answered . Your attorney is the person to ask. Any one else would just be guessing.

    This response is for informational purposes only and is not offered as legal advice.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,462 answers this week

2,737 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,462 answers this week

2,737 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary