I may be getting an Offer to settle

[TCBnFlash]

What is the name of your state? Tennessee
Several months ago I told about how my wife was seriously injured by a Tractor/ Mower on a Federal Highway in Tenn. With out going into all the details. I am 13 days away from trial and have not been given an offer, but my reconstructionist said that I have one the case, but the judge is the final decider. It has been a long hard road and multitude of crucial things have been discovered and proven and they are all in our favor. I have heard nothing of great importance that the other side has in their defense. This was an accident that involved a city employee in the scope of his job. This city tractor mower driver had convictions of DUI/ Drugs/ Hit and Run/ leaving the scene of accident/ 4 public drunkeness, 8 counts of worthless checks. He was employed by one of the cities with this kind of record.
Anyways, I would like to know what a fair offer would be in the event that I am offered one. My wife was seriously injured and has a 16% full body disability/ she broke her leg in 7 different places/ had to undergo physical therapy for a long time/ she lost her job/ she still has pain. My daughter was with her and suffered injuries too. Broken nose/ concusion/ scrapes and bruises. My wife had to undergo two surgeries and is scared badly on her thigh. She was in a hospital bed in my front room for over 6 months and the pain and suffering was not only indured by her, but by her children. All during the nights we lived with her crying/ moaning in pain/ etc.. You couldn't pay me 10 million dollars to go thru that again. I am a Viet-Nam combat vet and it was pure hell for me to deal with. Sometimes I feel like i lost my mind. I couldn't sleep well and I know she was suffering too. This is putting everything mildly. If the other side were to offer me a settlement, what would be a fair one. I am not greedy, but I damn well want to get every dime i can that my family deserves. We put 2 million on the suit, but i am aware that you can put any amount. I know this is complicated and that is why I am asking for some sound advise on this. Thanks.

[ALawyer]

The trial would determine 2 things -- FAULT -- and DAMAGES. If the other side was not at fault, then they win and you get nothing. (Depending on your state, to the extent you or your wife was partially at fault that may reduce damages or in a few states eliminate a chance at victory too.)

Then the question arises as to damages. That includes out of pocket damages, present and future -- such as loss of income, medical bills, rehab, needed care, etc. -- that part is often pretty straight forward.

Then there is the payment for loss of function (if she can never walk again, that's different than if there is a full recovery), scars, and other permanent effects, and finanlly what the jury would award for pain and suffering -- the most subjective.

I feel sorry for you , but I can not guess what a local court is likely to award. That really depends not only on the facts and your ability to prove them, but on the practices and customs in the state and county in which you live -- some counties even in the same states historically award low verdicts, some high.

Your lawyer is in the best position to estimate a range for you. And as s/he is getting a share --- probably 25-40% net of expenses -- he/she is motivated to get a good settlement, or take it to trial, given the risks. Among the risks is that the jury may not believe your/her story, they may not like you, they may feel you are at fault, or are exaggerating the nature and extent of the injury , or feel sorry for the other driver or his family, they may feel sorry for the driver's boss or the city and fear it will hurt them to give you a lot, raise their taxes, etc.

And even if you get a huge judgment they may appeal, and it can take years to collect. Also, they may be unable to pay it. So often a settlement is very wise, BUT it is a question of price. If your layer feels a trial is 80% liklely to produce an award of $500,000 to $700,000 and they offer you $100,000 go to trial.