Skip to main content

What kind of settlement is fair for a car accident?

Floyd, VA |

A drunk, uninsured, unlicensed driver pulled out in front of my vehicle causing an accident...then ran away from the scene in his car. He was caught. My husband suffered a cracked sternum, my 5 year old Grandson had a little bruising and suffered stomach pain for days and I have a broken foot and chest pain from seat belt and bruising. Car was total loss. What would be a fair settlement to ask for?

Attorney Answers 7

  1. A "fair" settlement depends on more factors than this space permits. What I can share with confidence, that you will almost certainly receive far less without a quality personal injury litigation attorney than without one. Study after study confirms this. If you don't believe me, then ask yourself why the insurance companies tell people not to use lawyers. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. Not enough information given to even remotely provide an answer. Given your facts you really should contact a local personal injury attorney because you will end up with a better settlement in the end then if you try and go it alone.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  3. The value of a case depends on a number of factors such as the liability of the parties, whether alcohol was involved, the length and type of treatment, whether scarring exists, whether a doctor has opined permanent injury and the amount of coverage, among other things. It is best to obtain local legal counsel from a personal injury attorney who can maximize your fair recovery. If you try to negotiate this yourself, the insurance company will never compensate you as you should be, even when attorneys fees are considered. You should consult with an attorney immediately. Initial consultations are usually free. good luck!

    General answers to legal questions such as this should not be construed as legal advice. I am licensed to practice actively in Delaware. Please consult with an attorney in your state in person to obtain legal advice.

  4. How much UM do you have would be the first question. Retain a personal injury lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not the lawyer.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

  5. I agree with the other attorneys here. There is no flat, easy answer to how much your case is worth. You need a personal injury attorney, who practices in your area. A lawyer will be able to assess your case, negotiate with the insurance company and advise you, accordingly. The insurance company knows what it is doing. You need someone on your side who knows the law and can fight for you.

  6. no reasonably competent attorney would answer this question without a full review of all the facts, including the medical records and medical bills. It looks like you should look for an attorney who will, for a flat fee, review your materials and answer the question. The problem is that many attorneys will not want to do this unless they're getting one third of the settlement. we do offer this kind of review for flat fee and will be happy to chat with you about it. We are in northern Virginia. You may or may not be able to settle your case. A lot may depend on how much insurance is actually available. You should also be aware that if a health insurance company paid any of the bills they may need to be repaid. It's not quite as simple as it used to be.

    Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information purposes only. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.

  7. I agree with the other attorneys. Some cases can be settled for small ammounts, others larger. There used to be a rule of thumb (multiply the damages in a case by factor x and you get a good result). However, now the law is so complex and complicated that you need to speak to a qualified attorney about this case.

    Also a good test for a lawyer in this area is to have them explain to you the case of McAfee v. Boczar - which just came down a week ago. If they don't know the case, or haven't heard of it - then they haven't kept up with the new laws. If they can explain it to you, consider hiring them to assist you in your case.

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics