Is a settlement still 3 times medical expenses?
Im at $43,000 in medical bills from a serious rear end accident where the truck I was driving was totaled.
Still need surgery for 2 torn rotator cuffs, serious back and neck
You need to contact a personal injury attorney in Texas immediately. Do not try to handle this on your own.
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No, your settlement is not three time medical bills. As another attorney rightly pointed out, claims settled for about that amount 30+ years ago but a lot has changed since then. You have a claim for specific elements of damages, including but not limited to: past medical expenses, future medical expenses, past and future lost wages, past and future physical pain and mental anguish and past and future physical impairment. What constitutes reasonable compensation for those elements depends on the facts of each case and the supporting evidence you can show the insurance company.
For example: you say you need surgery for torn rotator cuffs. If that is just something your doctor told you but it does not appear in writing in your medical records, then that will add no value to your claim. If however your doctor specifically states in your medical records that you need shoulder surgery because of the accident AND provides the cost of the procedure(s), that definitely adds value to your claim.
You also need to keep in mind how much insurance coverage the at-fault party has, and how much coverage is available to you under your auto policy, if any. The value of a claim and the available insurance proceeds do not always line up.
If any of the responses to your question (including mine) leave you thinking "I'm not comfortable with what I'm hearing" that probably means it is time to talk to a lawyer.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
There was a time back in the 1970's and 1980's that many auto wrecks were resolved for three times the medical bills. Those days are long gone in Texas. Every case is evaluated on its own liability and damages facts. The stronger the facts, the greater the value. Given the significant amount of medical care that you have incurred and perhaps will need in the future I strongly recommend you consult with a board certified personal injury lawyer in your area.
Same in NY on the small claims that got resolved for a few hundred bucks, or so.
A formula of three to five times medical / lost wages can sometimes give you an idea of what a case might settle for at the end of the day. However, many factors go into a settlement and while the formula is a good jumping off point. It is just that, a starting point. For example, broken ribs often do not require extensive medical treatment but they can be horribly painful so three times medical would not be an indicator of the settlement value of the case likewise you may have a ton of medical expenses but liability is very poor so again three time medical would not be an indicator of the settlement range of a case. Also there is the case where you have great liability terrible damages but a person with minimum limits and no collectable assets. In short, the formula you mention is just a tool in the tool box nothing more. Every case has strengths and weaknesses and will rise and fall on its merits. I assume you already have a lawyer and this is a question you should put to him or her. Good luck.
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Never was and probably never will be. Local and qualified counsel should be consulted with and retained. That is if you want to achieve what's "fair".
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
I am so very sorry for what you're going through. Please consider retaining a personal injury attorney if you haven't already done so. I do not believe in a one-size-fits-all formula for any case. There are a host of legal and factual issues that go into assessing the value of a particular case, and you need an experienced attorney on your side, especially in a case as serious as yours. You might start with using the avvo.com search function. Best wishes! Also, I am moving your question over to the personal injury practice area so that you can get more comments.
