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What kind of settlement should I expect?

Mckinney, TX |

I was rear-ended while stopped at a red light by a guy going 35 mpg looking at his phone, I was in the back seat, and got some nice ugly scars on nose and around my eye; how much, on average, could I expect to receive in damages for this nature of injury?

I don't want to use an attorney, I don't need one. Please do not try to sell me services, I'm keeping the settlement money to myself, not splitting it with a suit. All I want is a number, please do not reply with anything else.

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Attorney answers 18

Best Answer
Posted

I'm not trying to sell you services, I don't even have a license to practice law in Texas. But you cannot get a quality estimate of your damages based on the complete lack of information provided. You are entitled to recover all past and future medical expenses, lost income and pain and suffering caused by the collision.

So, how much are your medical bills to date? Do you have good quality pictures of your scars? Are you single and looking for a mate so that the scars affect your appearance and self-esteem, or are you an old rugged grandfather that thinks scars show character? Is it possibe you will need scar revision procedures in the future and, if so, at what cost? Have you lost income?

The bottom line is that there is no "average" for your case because how much you are entitled to is completely depending on how this injury has affected you. Think what you will about lawyers, but there are plenty of decent, hard working, ethical lawyers out there. There may even be some that will let you know if they think it's in your best interest to settle the claim without a lawyer.

If you do hire a lawyer, you will have to pay a fee. But chances are the amount you will net in your pocket after paying the fees and medical costs will be as much or greater than what you would receive without "splitting" the recovery.

Good luck.

Asker

Posted

Thank you. I'm going to get a consultation and go from there. I appreciate your professionalism, especially with all unhelpful and rude comments on the page. Have a good day Mr. Esquire!

Posted

You will get less without an attorney. Period. Also, when asking us "suits" for free advice, you would do well to not simultaneously proclaim that you don't need our help.

LEGAL DISCLAIMER: Nothing in this post, or any responses or comments thereto, should be construed as legal advice and no attorney-client relationship has been created by and between the person asking the question and The Dinneen Law Firm, PLLC, or Daniel K. Dinneen, Esq. If you believe you need an attorney, you should take steps to contact one in person; ideally, one who resides in your state.

Asker

Posted

Great. If you have a problem with me feeling that after 4 years of consistently winning debate tournaments with UT enabled me to argue my own point, then you could have simply not posted. I asked for an answer, not petty wit.

Daniel Knight Dinneen

Daniel Knight Dinneen

Posted

For what it's worth, I debated at UT, too. I also debated in high school and had 8 bids to the TOC. And none of that sufficiently prepared me to litigate a case or maximize a settlement with an insurance company. Slow your roll a bit is all I'm saying. In the same way that you were probably not as good a debater when you first started as when you finished, you also should not expect to play the insurance game as well as the adjusters and lawyers who have been doing this for years. From one debater to another, I would be happy to help you. But in order for me, or anyone else, to help, you first have to admit that you need the help.

Asker

Posted

Thank you. As I replied to Rosenthal, I'm contacting a local attorney for consulting. I'm not opposed to hearing opinions contrary to mine, but your first post, as well as most of the other posts here, didn't give me any reason to change my mind. Thanks for responding with some information this time buddy! Take care of yourself, and have a good day! :)

Posted

The insurance company will likely claim the light turned green and you hit your brakes for no reason so you are 40-60 percent responsible. Therefore they will agree to pay half the damage to repair your car.

Top Personal Injury Lawyer - Trial Tested - Proven Results - Free Consultation: 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.

Asker

Posted

Except that the police report found him completely at fault, and he ADMITTED to the officer that he was looking at his phone and didn't see us.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

You don't get it, do you? You're talking truth and facts. What does that have to do with an insurance company that does not want to pay you anything?? I had a case involving a surgeon that left a sponge inside someone. That is the very definition of malpractice. We had to pick a jury before the case settled the night before. The other side had an expert who was going to testify that the record shows 7 sponges were used and 7 were accounted for at the conclusion of the surgery. Believe that?? How did that sponge get there then?? The idea that miscounted meant nothing to the defense. They will find a way to blame this on you--that helps the bottom line--theirs.

Asker

Posted

I suppose you're right Mr. Fabiano :)

Posted

If you don't need lawyer help why are you here? Do you give your services away for free?

We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in the Federal Courts of those states. The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Posted

I don't know why you want to sabotage your claim by not retaining a lawyer. I guess we'll get another post from you in a couple months asking why you only got a tiny nuisance settlement.

Asker

Posted

Thanks for the smartass comment.

Posted

I am not licensed to practice in Texas, so I am not able to represent you. However your reasoning is self defeating and presumes a logical fallacy: the attorneys cannot assist you in making you whole for the injuries you suffered in this accident. The insurance company hires an attorney to make sure they can get away with not having to take responsibility for their insured's actions.

Why are you so ready to play into their hands and not hold them accountable? The insurance company makes a promise to pay for property damage and take responsibility for the injured parties. In the way our system works the plaintiff has to make the insurance company take responsibility. Otherwise you're letting them get away with not fulfilling their responsibilities.

This response is to a question posed in what is considered to be a hypothetical situation. The response is for educational and reference purposes only and should not be relied upon as legal counsel. No fees are to be exchanged for this response and the attorney/client relationship has not been established in this context. You should contact an attorney within the jurisdiction of this matter for legal counsel.

Asker

Posted

Has nothing to do with questioning the ability of an attorney. You assume that I don't know how to go file a petition at the court house if they make things difficult. I'm sure I could easily find a very capable injury lawyer, I just don't want to pay one.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Filing a petition at the courthouse, if they make things difficult?? Look you are a debater and you are a smart guy. A lawyer will take 40 percent. Don't do it. Have the courage of your convictions. You can take care of this better than any suit. This happened to you--no one better than you knows how this affects you and where the value is. That bravado is not fake--it's real, right. By the way, you will be eaten, alive!

Asker

Posted

Probably would be to be honest. Considering I haven't been to law school :p

Posted

If you retain an attorney you will get more than you will by yourself, without out question. The insurance carriers love when people don't use lawyers. The attorney you retain will also help you determine the value of your case. There are many factors that go into it, like venue, who is the plaintiff's attorney, are you a man or a woman, what do you do for a living - like modeling or do you appear on TV regularly, are you in marketing etc., etc., what kind of insurance is involved, what kind of permanency is involved with your injury, how bad is the facial scarring. Don't do this on your own. Its foolish.

Posted

Can't give you "a number". Lots of factors come into consideration, and you haven't provided nearly enough information. Besides, if you don't need a lawyer, you do not need any advice from this site.

This answer was provided for general informational purposes only and is not an offer to represent you. You should not act, nor refrain from acting, based upon any information contained within this answer. Neither the information in this answer, nor your receipt of it, creates an attorney-client relationship.

Asker

Posted

Don't post if you're not trying to answer the question.

Patrick G. Davidson

Patrick G. Davidson

Posted

Oh you really are a peach, aren't you. If I was pulling defense counsel, I would do my best to get you in a video deposition. Your personality, as demonstrated here, would be sure to get me a defense verdict. If this is the "real" you coming out, no jury is going to side with you.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Mr. Davidson is correct but that assessment will likely be self evident to the claims adjuster as well. Juries want to help people they like. They won't like you. An adjuster adds that to her calculation as to the value of a case.

Asker

Posted

Lol, you're funny. Of course this isn't the real me. I'm trolling? I'm just enjoying the free entertainment.

Posted

Your approach in asking your question certainly has tweaked a few folks, but here's a reality check for you. You will be dealing with professionals at the insurance company representing the guy who rear ended you. They will love the fact that you don't have an attorney and will seek to do all they can to limit how much they pay you. You also will not get a "number" from anyone on this forum.
No attorney is going to be able to give you a substantive answer without reviewing all of the circumstances, medical records, etc. Take the chip off your shoulder regarding "suits" and at least consult with a personal injury attorney. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. If you don't like what you hear you can still always decide to go it alone, but in my opinion you would be a fool to do so. Best of luck to you....

THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Asker

Posted

Thank you for at least giving an informative response.

Posted

I see my job as getting my client more money than they could get on their own--otherwise I'm not doing my job. THere is no "average." To the extent there is an "average" it is based on lawyers fighting insurance companies who want to pay little or nothing. There is no book or chart that says a scar is worth x dollars. You have already demonstrated you have no idea how to evaluate an injury. Do you really think one size fits all? A scar on your face is worth the same as a scar on someone else's face? Is a scar on a woman worth the same as say a 55 year old man. Does a scar on a 55 year old man for instance the same as for a child. Does the scar bother you?--are you self conscious about it? Do you think that should make any difference as to value? Will comments made to you about a scar affect you the same as comments made to a child by other children about "some nice ugly scars?" Again, what is the value of a scar? Does it hurt? Does it interfere with daily activities? NO! So you have a scar, so what why should you get anything? It does not have any effect on your daily life. You think it has value because it's ugly? THe value of that ugliness is based on factors that are unique to you. You do not seem to understand that and again you think there is a one size fits all number. You will never get full value without an attorney and that is exactly what you deserve. This site asks whether I think the questioner will need to hire an attorney--pay attention to my response: NO!

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Asker

Posted

Thanks for the info. I actually don't have a problem with an attorney. I just wanted to wait until they offered something to hire one. And I wanted to have a number to listen for. I suppose I'll just get a consultation, and see where it goes from there.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

What are they going to base the offer on: "nice ugly scars"? Means nothing has no value.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

By the way, I really believed you were one of those people that post fake questions to see if they can get an answer. Your question was too naive to have actually been true but close. I stand corrected.

Posted

What can you expect to receive? Since you do not have (nor want) an attorney, the answer is simple: You can expect to receive whatever the claims adjuster decides to pay you (if anything). If you don't agree with the offer, there's nothing you can do about it. So, it really doesn't matter what your injuries are worth.

Did you know that insurance companies usually have one staff of adjusters for claimants who are represented by attorneys and a different staff for those who are not. Why do you think that is???

Asker

Posted

False, I was assigned an adjuster before they even asked if I was represented.

Robert C. Slim

Robert C. Slim

Posted

They usually don't ask. Unless they get a letter of representation or you tell them you have a lawyer, the adjuster will just assume you are unrepresented. If you retain an attorney, chances are your case will be reassigned to a new adjuster. It's routine.

Posted

The facts you provided regarding the extent of your injuries and damages does not provided a enough information to provide a full evaluation of case. You will be surprised how the insurance company will evaluate you claim. That being said, you will need leverage in resolving your claim, so you will be better off retaining a qualified attorney. Statics show that individuals who retain counsel receive more per claim.

At the very least, I would recommend that you have an attorney review any offer before you sign any papers.

This answer is intended ONLY to educate the general public about personal injury issues. Every case is different. No client-attorney relationship is created by submitting this answer to the question posed.

Asker

Posted

That was the plan. I just didn't want a hotshot attorney telling me he could get me like 100 grand or some oddball number off of an offer of like 10 just so I'd hire him. I just wanted a "bullshit range" if that makes any sense.

Posted

I somehow originally missed this most enjoyable post and ensuing arguments. It would seem to me that if you are the great debater that you believe that you are, you would want to gain as many facts as possible to support your arguments. Therefore, I find it interesting that before asking attorneys on this site to put numbers on the value of your case that you do not know that we are never able to give numbers on any case, because of all of the many factors both patent and latent that go into doing so. As is often pointed out on this site, this can usually only be done when an attorney has ALL of the necessary information. This is a dynamic process and one never quite knows when the right time,and right number comes about. This is where there is no substitute for experience and can easily make the difference between receiving a small amount and a substantial amount as compensation. No matter how bright you may be, or how well you present an argument this is simply something a person with little experience is usually equipped to know. A couple of more points are in order. First, like-ability is one of the most important factors in receiving a significant award at trial, which means if you are seen as unlike-ab;e, a know-it-all and/or a smart-ass, the adjuster will not fear a large verdict and will offer you less. Sometimes an attorney is necessary to protect a client from themselves, as most likely would be the case in your claim. Finally, if you are low-balled, and have to bring the case to trial, there are numerous evidentiary and procedural minefields that can blow up a case and result in you getting nothing. Even seasoned trial attorneys can make mistakes, which is why only a small percentage of attorneys do trial work. It is simply enormously stressful and all-consuming and requires a bankroll which the attorney must place at risk to try the case. For example, in your case, a plastic surgeon could easily cost you $10K to $15K to testify at trial. Do you have that kind of money to put at risk, with knowledge that the jury could award you nothing or less than that even if you win. There is an old saying that what you don't know can come back to haunt you. You can bet that it will catch up to you at some point in the litigation. I hope you do try to handle this yourself, because in the end, you will realize that whatever money we make is well earned.

Samuel Cohen

Samuel Cohen

Posted

Well said counselor!

Asker

Posted

It amuses me how defensive and angry some of you supposed professionals are getting. I know law is a stressful practice, and never said anything to the cobtrary. Nor did I say you didn't earn your paychecks. What I wanted was a range, mostly for my own knowledge so I don't have any bullshit numbers from an attorney I hire. The main reason I said I didn't want one was to prevent the attourneys on this site from soliciting their services in my question thread. Instead I get a bunch of arrogant fools that don't know how to maintain profeaaionalism. Save for a couple that were tolerant and polite in their replies, which I appreciate very much.

Asker

Posted

Contrary...

Asker

Posted

Professionalism... AOSP soft keyboard strikes again.

Robert C. Slim

Robert C. Slim

Posted

Bravo!!!

Robert C. Slim

Robert C. Slim

Posted

(That "Bravo" was for Mr. Cohen....)

Asker

Posted

And a troll has successfully made countless attorneys waste their time defending their occupation. Thank you for providing me with free entertainment.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Mr. Schoen makes a point you cannot understand. Juries help people they like. They won't like you. The adjuster will make that assessment in any dealings with you--they are trained professionals--they will be able to tell. When I did defense work at the end of a deposition I wrote to the adjuster. THe first thing I wrote was not about liability or damages it was whether I thought a jury would like the plaintiff. No one will like you and you, no matter what a debater you are, can't hide that. Atty Schoen is right part of our jobs is to protect the client from themselves.

Asker

Posted

Lol. I was voted "most likeable" in highschool. People act different on the internet.

David Ian Schoen

David Ian Schoen

Posted

Have you even thought about all of the ridiculous and contradictory statements that you have made. If you really enjoy making attorneys or anyone waste their time, then I would say that you are probably a sociopath. Most of us who do this, actually enjoy helping people who do not know where else to turn and many of those that we advise are very thankful to have received some guidance that has enabled them to head in the right direction. If it was, or is, your intent to waste our time, then you are really only hurting the people that rely on getting information from this site. I am also glad we can amuse you, as many of us are frustrated entertainers and not adverse to making people laugh, and do actually take a stab at humor when the occasion calls for it. As to being voted "most like-able," often that goes to the class clown and we can probably all picture you in that roll. However, it is hard to believe anything that you have posted at this point. If in fact you were stating the truth when you stated that you were only trying to get "a range" so that you do not get any bullshit numbers from the attorney that you ultimately hire, then you obviously believe that most attorneys do not have their client's best interests at heart. Translation: you have a basic distrust of lawyers. What you and many others who write to site miss is that the reason we react the way that we to do some posts is that we KNOW from experience that those that try to go it alone do not do well and our best advise is to try to impress on you that you need to change your thinking. This is NOT for our benefit, but yours. Frankly, probably none of us on this site would want someone like you for a client, but we do not want to see anyone cheat themselves. We are here to offer our best advise and we try to do that whether you want to hear it or not.

Asker

Posted

Actually I was voted most likeable because I did a lot of outreach stuff to help students who were being bullied and did several fundraisers to help lower-income families buy tuxedos and dresses for prom. I volunteered for the SPCA and the Red Cross on a weekly basis and encouraged other students to do the same. I love that you believe you can infer sociopathy from comments made online by an individual that has a preformed distaste for the group of people he is speaking to. That arrogance is the very reason I don't like attorneys.

David Ian Schoen

David Ian Schoen

Posted

Thanks for your belated honesty. If you would have said that in the first place you would have saved everyone a lot of time. We rest our case.

Asker

Posted

I figured I'd let you know Mr. Schoen, I have retained an attorney, because unlike you, a few of the responders did not have their head too far up their ass to persuade me. Thanks for the cheap sarcasm and pathetic attempts at rationalization, but your practice might be more successful if you knew how to handle difficult people, especially considering the typical mental state of someone that was just in a car accident a month after their nineteenth birthday.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Here is my honest assessment. Have your lawyer settle this case immediately. If this case proceeds into litigation you will get what Attorney Peppard suggests is the value: $2.50. I don't like someone not taking responsibility for the damage they cause. I want to see you recover on this claim. I'm sure if your lawyer is any good he/she will figure this out. Give him/her the best chance to help you and make a copy of all these posts and share them with your lawyer. He/she will be better prepared to resolve this case favorably for you.

David Ian Schoen

David Ian Schoen

Posted

I am truly glad that you retained an attorney. I am sorry, however, that one so young as you could have amassed so much bitterness. I mistook you for someone that was much older and with many life experiences that could explain your comments. If you reread the various posts, including mine, with an objective eye, you will see that we all did try to help you in our various ways and may have in the end succeeded in doing so. Sometimes, we also try to throw a little levity into the mix, so that people might not find our responses so dry and so the people asking questions might lighten up and not take themselves so seriously.

Asker

Posted

I suppose you are correct Mr. Schoen, and I believe I owe you an apology. I should not have expected to receive anything more than what the normal reaction to my rudely worded question would have been. I've had a really crappy last few years, and I suppose I was just looking for another reason to hate attorneys because of my past experience with a bad one. I apologize for forgetting that passing the MPRE does not preclude your humanity, nor does it render you unfailingly immune to insult. My humblest apologies for my arrogance and prejudiced treatment of you and your colleagues.

Posted

I am guessing you had a bad experience with an attorney. If that is the case I am sorry for your bad experience. Based on the information provided, I do not think any experienced personal injury attorney could answer your question about the value of your case except to say the case is worth somewhere between 0 and a large number depending on numerous factors. If you are intent on going solo on this then I would not communicate any offers to the insurance company until you know the extent to your injuries and what treatment is needed to fully treat your injuries. In my experience, you will obtain significantly less fiom the insurance company without an attorney. You may be a Harvard educated indidual who has multiple degrees. However, unless you negotiate with insurance adjusters routinely, you are a severe disadvantage in attempting to negotiate a resolution of your cliams. This is not a comment on your intelligence in any form or manner. Rather, it is a testament to the fact the insurance adjusters are trained to convince you that your case is not a valuable case. They are trained to pay you as little as possible. They do not care about compensating you for all your harms and losses. Good luck.

By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

Asker

Posted

Thank you! This is the response I've been waiting for. I really appreciate you taking the time to answer my question in a polite and informative manner.

Posted

If you would like to re-phrase that question I will give you my opinion- if not my fellow attorney's did a fine job and they are very accurate.

Asker

Posted

If you'd like to rephrase that answer, I might not think of you as such a twat.

Posted

I believe most lawyers will answer this question with "it depends." There are many variables that go into the settlement value of a case. The important minimal information needed to evaluate your case would be the following: 1) what were your injuries? 2) what medical treatment did you receive?, 3) how much has been paid in medical bills? 4) how much remains to be paid? 5) are there any lost wages to claim? 6) what is the degree of scarring/disfigurement? 7) do you expect future medical treatment? 8) what additional aggravating factors exist (if any)? Without this minimal information, providing an opinion on case value is near impossible.

Posted

$2.50

Asker

Posted

Probably about how much you've made in attorney fees this year, huh?

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

I thought i commented to Mr. Peppard's response earlier. Apparently it did not get posted. Mr. Peppard is the only attorney who has been willing to place a value on this potential claim. His assessment is spot on.

Posted

without a good lawyer.....expect a crappy one.

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