Sorry for you incident. No lawyer should give an opinion of value without knowing all relevant facts and circumstances. Two points: studies show that most people net ahead with a qualified attorney; this is our business, not our not-for-profit volunteerism. 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 www.nyelderinjurylaw.com
It is difficult to speculate on the value of the claim without knowing more. However, it seems like this is not a fair value. In general, you will not get the most from your claim until the insurance company is under the threat of possible litigation. That threat doesn't become real to them until you hire an experienced trial attorney to represent you. I would urge you to contact an attorney for a free consultation before agreeing to any settlement. Of course, we would welcome your call as we have represented people in similar cases from border to border in California.
This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.
I stongly encourage you to seek at least a free consult with an exprienced and well respected personal injury lawyer before you agree to anything. If you are currently represented then you need a serious heart to heart discussion with your lawyer as to why he/she is making a recommendation to you. Any competent personal injury lawyer will be able to articulate the basis for their opinion as to the value of your claim.
Don't forget that if your medical bills have been paid by your health insurance they will want to be reimbursed as well.
Look for someone in your area that is AV rated by Martindale and or a member of ABOTA (American Board of Trial Advocates). Ask them how many cases they have actually tired to verdict. Who you have on your side does make a difference on the outcome. Good luck.
Without a lawyer, you will only get a fraction of the true value of the case. 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 your lawyer.
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You need to talk with a local personal injury attorney ASAP before proceeding any further.
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.
While there is no magic formula to determine a good settlement, I agree with my other colleagues here. You should consult with a personal injury attorney. Without an attorney insurance companies have the advantage and will often low-ball your offer.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
The value of anyone's injuries is dependant on many factors, and it can vary widely in different jurisdictions. I would suggest you consult with a personal injury lawyer who practices in your area of San Jose. A respected attorney should review your case with you in detail, and advise you of the risks and benefits of pursuing the case further. They should be up front with you on how any fee would be calculated if you decide to hire them. Best of luck.
I agree with the comments provided. Consult an attorney before settling the case. You may owe money back to your health insurance. You may have future issues to address. There are several variables. Talk to a professional before you make a decision. You know the insurance company has already had its professionals review this for its own benefit. You should do the same.
You can get more money for this claim. You need to maximize your recovery because you may have continuing issues from the broken fibula such as pain and discomfort in cold weather, plus the scar of course. Definitely consult with an attorney in the Bay Area; if you statement of events is accurate then an attorney will almost definitely be able to get you more money than they are offering at present even after their fee. Let an expert handle the case for you - hire an attorney.
Legal disclaimer: PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
It is really difficult without looking at records and the amount of your wage loss. Its not outrageously low. There is is probably more value there and an attorney should be able to get a better settlement, but there will be fees involved. you should definitely sit down with an attorney and discuss, including a reduced fee.
As indicated above, you will be much better off consulting and retaining an experienced attorney. No attorney worth his salt could give you a reliable estimate of value of your claim based upon the information that you provided. Experienced personal injury attorneys have spent years gaining the experience to understand the value of a case and acquiring the knowledge necessary to determine how to best present the claim to the insurance company. The value of the case depends upon much more than related in your question. The attorney provides service in handling your claim that not only pays to the client in the end, but allows the client to have confidence that the claim will be resolved at the highest level and with the least amount of work and stress by the client. Insurance companies are always hoping for claimants to assert claims without an attorney because insurance companies want to settle as cheap as they can, and they know that is not going to happen against an attorney.
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In all cases it is advisable to consult an experienced attorney. Nothing stated herein is intended as legal advice for your specific situation, and you should use the information provided solely for the purpose of choosing an experienced attorney for the problems presented.
So often I am asked this question..."What medical expenses can I get from the insurance company now that we know the collision wasn't my fault?" This is really an easy question to answer, because state law dictates what you are entitled to. However, just because you might be claiming a medical expense doesn't mean that you automatically get the money for those medical expenses. It is still up to you and your attorney to provide the insurance company with the facts and evidence to prove the damage.
Under the law of the state of New Mexico and most other states, medical expenses must be reasonable, necessary and a direct result of the injuries sustained in the collision.
The medical expenses must be reasonable in price compared to charges made by othere health care providers in the same community. This can be easily proven, and our firm has the annually published medical fees to help prove the reasonableness of the charges.
The medical expenses must be necessary and needed because of the injury from the collision. No one would expect the insurance company to pay for a medical expense that you really didn't need. You are, however, required to mitigate your damage. That means that you are allowed to have diagnostic tests and examinations to determine whether you have an injury. If you have some pain that you didn't have before the collision, you are expected to take reasonable precaution to determine if you have an injury. If you ultimately determine that you don't have any injury, the insurance company will still pay for the cost of the examination and diagnostic x-rays and other tests.
The medical expenses must be a direct result of the injuries sustained in the collision. You can't ask the insurance company to pay for anything that their driver didn't cause. However, they must also pay for the aggravation of a previous injury. As an example, let's say that your leg already had degenerative problems because of your age. It really didn't cause you any problems before the accident, but the twisting of the leg in the accident required you to now have physical therapy and ultimately a surgery. You aggravated the degenerative condition so now you must have the extra medical care. This would be a valid claim against the insurance company. The medical records provided by your doctor should clearly indicate that the medical care was needed as a result of the collision. If it doesn't state this on the records, then you should contact your doctor or his/her staff immediately to determine what he/she believes was the cause of the injury in the first place.
Once you have finished all of your treatment, it is realitively easy to determine your total medical expenses. You need to use the retail price of the medical expenses, not the amount paid by your health insurance or the amount you paid as a deductible or co-pay. It is usually a simple addition of the charges.
Sometimes doctors will state that you need to get extra money from the insurance company for future medical expenses. An example would be a doctor stating that you need one physical therapy visit per month for a total of 12 more months. You would need to calculate the cost of each visit and multiply times the number of visits the doctor says that you need and you then have an additional number for future medical care. Again, the same rules apply to future medical expenses that apply to the past medical expenses. The future medical expenses must be reasonable, necessary and a direct result of the collision.
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