I am not wanting to go to court for a settlement for a head and neck injury that happened as a result of a slip and fall accident at a hotel. I need to know the general range of settlement payments that insurance companies would use. I don't want to ask for too high of an amount in my demand for payment letter, but I don't want to lowball it either. I had a concussion with severe headaches, dizziness, and nausea, which continue periodically. My neck injury involved disk damage, which my doctor told me would result in arthritis for the remainder of my life.
Dear Arlington, No lawyer will be able to answer your question. There are a multitude of things which effect claim value. You went to a professional doctor because you needed expert care. You should do the same when you need professional legal assistance. You should consult with an Avvo injury attorney. The consult is free. You don't necessarily have to go to court to achieve a settlement even with a lawyer.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Tackett is licensed to practice in the Commonwealth of Virginia and the State of Ohio. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Tackett is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Attorney Tackett is correct. I will only add that hiring an attorney can be economically more beneficial for you than doing it yourself, even after the attorney's contingency.
The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.
Thousands of people settle their own injury cases every day and you can certainly do this without a lawyer. You probably didn't come to Avvo to ask your question only to be told "hire a lawyer" so I'll give you some practical advice: Besides, just because you hire an attorney doesn't necessarily mean that you'll end up with more money in your pocket. Only you can determine whether an insurance company's offer is right for you.
1. There are a number of consumer guides here at Avvo and on the Internet that will help. Google "Consumer guide to settling your own accident case" for example. Find one specific to Virginia ,since each state is different.
2. Many attorneys, for a fee of approximately $500 or so, will sit down with you and coach you through this. You would need to collect all of your medical records and bills and get ahold of your own health insurance policy to see if there is a subrogation clause. This is known as a limited engagement. They aren't representing you against the insurance company, they are advising/coaching you.
Avvo's motto is: Legal. Easier.
Lawyers tend to make this stuff complicated, and it can be, but not every case needs a lawyer.
One final word. If you can't get your case settled you must file a lawsuit agains the right defendant within 2 years of your injury. Don't get too close to that deadline as many lawyers will not want to get involved at that point.
Good luck. Let us know how you do.
Every case tells a story. We'd love to hear yours. Ben Glass is licensed in Virginia. You should consult an experienced, board certified attorney in your area. Obviously, no attorney client relationship is formed by participating in Avvo.
My concern is that you have what are continued symptoms of a concussion and possible permanent pain and suffering from your neck injury. Given the continued symptoms, your claim may not be in a position to be settled yet as you don't know the extent of your damages. If this was just a simple rear end car crash with $1,000 in chiro bills I would be much more apt to say "have at it and try to settle it yourself." But, given your injuries I think you are doing yourself a disservice by not at least consulting personally with a lawyer to review your case and your options.
I agree that you likely didn't come here to be told "consult and attorney." But, given what you have posted, that truly is your best option as this doesn't appear to be a simple claim.
Either way, best of luck to you.
Disclaimer: This answer is based on the limited information provided in your questions. This answer does not constitute legal advice nor does it create an attorney/client relationship. You should seek advice from an attorney with whom you can discuss the entirety of the case and is familiar with the laws of your specific jurisdiction.
That's a difficult question even for attorneys to answer normally I refer to the Worker's Compensation statistics and then add a variable for pain and suffering
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
everything depends on the amount of your medical bills and lost wages when settling out of court, the average verdict is two and half times your medicals plus lost wages
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements