auto injury

[jwts]

My wife was involved in a car accident in August of 2000. The accident was caused by another car turning across oncoming traffic into a parking lot. In this accident she sustained a proximal humerus fracture,greater tuberosity fracture which was non-displaced. She had just returned to work after having our second child, but this injury caused her to once again take a leave from her job. This time she was out 12weeks.
My wife has since returned to work, but now we have the task of settling with the other party's insurance. We have all our medical bills and her lost wages totaled, but the main question is about the compinsation of pain and suffering. We have be advised by family to see a lawyer, but that means the insurance will have to pay even more to pay that lawyer's fee. All we want is a fair settlement that will compinsate for what she has been through, but we do not know how to begin on figuring out what she is intitled too.
James Smtih
Afton,TN

 

[Juan Rodriguez]

The insurance company will not pay more just to cover the attorney's fees and cost. That all comes off the top of your settlement. What the attorney may be able to do is get them to pay more money but that does not always equate to a bigger payoff for you. Then again if they are low balling you a lawyer could make a big difference. Settling insurance claims is not an exact science.

If you have the time you can attempt to research jury awards for lawsuits that match your wife's damages and get an idea from that.

The bottom line is that the adjuster has the upper hand in the negotion process, because he spends 8 hours a day evaluating and negotiating injury claims. Unless you have the proper guidence you will never know if you settled correctly. That is the advantage an attorney gives you.

It is impossible for anyone to give you a dollar amount on a web site like this. First of all if you read the disclaimers of the attornies who contribute to the site it will make it quite clear they won't. And, from my years of experience, in order to make a reasonable judgment on a settlement figure you have to read all of the medical reports and the doctors recommendations/findings as far the type and % of disability.

Adjusters always know what the max amount they can offer is before they put pen to paper and make an offer. Some adjusters when dealing with an unrepresented claimant offer the full amount while others always offer less expecting a counter offer. One advantage you have in getting an attorney involved at this late date is that he won't have as much cost invested in the case which means you get more. In most cases his fee remains the same 33 & 1/3%. Hey, but that's negotiable, too.

Good luck.