I was rear ended in hit and run case.I don't have personal injury protection or collision+comprehensive coverage.
Car was badly hit and my driver seat was completely broken.Because of lack of money I could not go to doctor yet and I decided to ask for settlement offer and am wondering what should be ideal offer in my case? I did not spend any money for medical treatment but have two different doctor's opinion and one of them give me quote of $7500 for complete treatment. is it true that usually pain and suffering amount is about 3 times than medical bills etc.?
Sounds like you don't have an attorney yet, instead you are negotiating with the carrier directly. If the accident was not your fault (generally the case when you are rear-ended) then your insurance is not the issue, it is the party who hit you, because they are liable. Generally you can go seek medical treatment and plan on the doctor getting paid or reimbursed out of your settlement/verdict.
The problem is that no doctor can predict what it is going to cost to fix you, or even if you can be fixed. The award/verdict for all your damages is generally about 3-4 times the cost of the treatment, and adding the cost of what it took to fix or total your car, also.
No matter what, you are going to get more money having an attorney negotiate on your behalf than you are going to get on your own. Yes, you will wind up sharing the recovery with the attorney. There are lots of really good personal injury attorneys in Lakewood and Tacoma ( I don't take these cases). They will not charge you to discuss your case and give you some answers, and you'll get more specific information from a consult than you can be provided on line. Hope this helps. Elizabeth Powell
There are several additional factors and variables that need to be considered. Valuing cases is not an exact science and varies widely depending on your circumstances. Most reputable personal injury attorneys offer free consultations where they can discuss your case and possible options more concisely. I would recommend you schedule an appointment and become fully apprised of your options and rights.
What you have heard about usual settlement figures is probably not too far from true - if you were to average out all the unrepresented persons settlements with those who are represented. There's a lot more to it than what you might think, though. For instance, most adjusters won't factor in your $7500 quote to fix you unless it is somehow verified in the medical records. Providing a record for "future damages" can be a lot of work. The reason is that most medial records only narrate what medical practitioners have already done while serving you, as opposed to forecasting what will occur in the future. A good attorney who isn't afraid to work your case will try to convince the doctor to help out in that way, if it is appropriate in your case.
It is impossible to give a down to the penny answer without reviewing all of the facts including all of the medical records. There is a general formula that is based on a number of variables. I evaluate personal injury claims every day and have published an article on the topic. Having tried many cases both to juries and to judges in “bench trials” I have learned what generally works and what does not. 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.
Age of injured person.
Activities of daily living of individual, pre and post injury.
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. There must be medical support for each factor, stating that each was caused by the accident.
The existence of prior injuries of any type and previous insurance claims adds a wrinkle to any case, but can be dealt with. The personal injury attorney must know about this from the outset and not learn about such factors only after the insurance adjuster slaps us in the face with it. I can deal with almost anything with a forthright client.
Finally, the insurance industry's own publications acknowledge that once an attorney becomes involved in a bodily injury claim the value at least doubles. Nearly all personal injury attorneys give a free consultation. Therefore, anyone serious about optimizing their own personal injury settlement retains an experienced personal injury attorney in their jurisdiction.
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.
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