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Settlement amount for a DUI personal injury case?

San Francisco, CA |

i was driving with a friend of mine when a drunk lady hit my car and ran away. called 911 and we chased her after 4 or 5 miles. while driving under influence, she hit cuople of other parked car at the scene. she got arrested at the moment, cited as a drunk driver and unsafe driving codes and sent to the jail.
i had injury into my ribs, shoulder and backbone. i also hurt my upper jaw teeth after hitting the staring. finally due to crack tooth i got a dental surgery and took it out.
I have attorney and after all this they are offering me $ 30k. my medical bills and stuff is about 10. i am not sure if i accept it or not.
*** her insurance limit is 100k and her DOB is 1932

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Attorney answers 8

Best Answer

Explain your concerns to your attorney. He or she is most familiar with the facts.
In my office, we do not settle client’s cases without their consent to do so, not matter how large or small the settlement offer.
Ask for a meeting with your attorney and remember not to be confrontational, you attorney is your ally, not your adversary. Get all the information you can and ask for different outcomes if you make different decisions on the offer.

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I suggest you follow your attorney's advice. She knows that case and what can be proven.


Placing a value on a personal injury case requires detailed analysis of many factors. You've skimmed the surface in your post, but far more information is required and only your attorney, who has your file and full complete knowledge of the case can, in fairness, come up with a true evaluation of what your case is worth. This is an informational and marketing website. Only your attorney with your file can give you fair advice based on the facts of your injury.


Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


There are many factors that get considers to determine the value. Consult with your current attorney and have them go over the full details. This will provide for a better analysis.

Mike Walker
Walker Law Group


Valuing a personal injury claim is not something that can be done over the internet. You have a lawyer. That lawyer is far more familiar with what happened than you can give in a summary. Your lawyer knows more about your defendant and whether any other claimants have a claim on her insurance. Listen to your lawyer.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


I agree with what has been said by the other lawyers before me. I want to add a couple of things for your consideration. Have you fully recovered from all of your injuries? A large factor in determining the value of a personal injury case is whether or not the injured person has ongoing complaints, needs additional treatment, or has physical limitations brought on by the injuries. A "yes" answer to the preceding question could increase the value of your claim. Make sure your lawyer has all of your medical records and has discussed with you why he/she believes the insurance company offer is "in the range." One additional thought. If your $10k in medical bills is for the gross or billed amount of the bills, the law in California changed last year with the case of Howell v Hamilton Meat, wherein the CA Supreme Court ruled that a defendant is only required to compensate an injured plaintiff for the paid amount of the medical bills, not the gross or billed amount. Depending upon your answer, the value of your case could change. Good luck.


I agree with Mr. Brinkmeier. If you have a local car accident attorney, you should follow his or her legal advice. If you are not satisfied with the results or the progress made in the case, then I would suggest that you seek a second opinion from another experienced and proven automobile accident attorney. I hope this helps.


I agree with my colleagues advice. Your lawyer has the field command inthis case. While it is true that he cannot settle this case without your concern, he may be between the rock and the hard place. Without knowing te history of your case, everything we say is just speculation. But having been in his place, I will tell you my experience. When the insurance company makes an offer, sometimes you can have a couple of rounds of back and forth negotiations to settle the case without further litigation. Depending on the facts of the case ,and each case is unique, an attorney makes a gut level decision that this is as hard as he can push without the Insurance company digging its heels in the sand and forcing you to file a lawsuit. If you do file a lawsuit, then you have about 40 more days to try to resolve this issue by talking to the adjuster. Once you serve the complaint and summons which you need to do in about 60 days in SFO. Then, you have declared war on the insurance company. After you serve the lawsuit, the adjuster will turn over the case to the legal department and from there if you cannot resplve of before trial, you will have to spend money in expert witnesses, such us reconstruction engineers, doctors, surgeons and it is not unusual to spend close to $35 to 50k in these experts. In the end, when uyou calculate the cost benefit analysis of how much you have to spend to get the extra dollars, it is not worth it. Talk to your lawyer and have him explain if you are` at this stage of the litigation. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka 'El Abogado Hispano de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado Hispano Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq esta licenciado solo en el Estado de California.

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