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  #1  
Old 03-27-2002, 12:25 PM
Ribcage
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What is a fair settlement?


I was rear ended on Rt. 95 in Rhode Island almost two years ago. My car was totalled and I broke 5 ribs and suffered soft tissue injuries on my right side. The pain was so severe from the fractures that I required a nerve block. I was out of work for 5 weeks and on percoset(?) for 2 months for the pain. As a result of the injuries and being unable to use my right arm and hand (I'm right handed), I also strained my left hand which resulted in tendonisitis of the thumb and wrist. I have an attorney representing me.

The insurance company representing the individual who hit my car originally offered $16,000 to settle the claim. We recently went to arbitration and the arbitrator recommended damages of $25,500 plus interest and costs for approximately $31,000. The insurance company has rejected the offer and we are now faced with a jury trial.

My question (which my attorney will not answer): What is a fair settlement. I was willing to accept the $31,000 (minus medical and legal fees) but now I'm mad. I went through two months of misery and pain. The first month was the worst experience of my life. I still have residual pain in my ribs as well as recurring pain in my left hand.

Please advise.
  #2  
Old 03-28-2002, 01:53 AM
Vincent Cosent
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Was this binding arbitration?


That means the arbitrators decision is final and enforcable in court.Remember
Generally you wait untill doctors are finished treating you.
Then a doctor will make a prognosis of the extent of any permanent disability.
You are also entitled to either add to your settlement any future medical treatment related to your injuries or to be financially compensated for the risk of giving this up.
You must also consider lost wages,car damage etc.
Pain and suffering if permitted and your lawyers cut out of the settlement.
What was the value of your car?
Only you or the court or arbitrator can decide what is fair.
  #3  
Old 03-28-2002, 09:30 AM
Ribcage
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Binding Arbitration? No!


It is my understanding that both parties (me and the "other" insurance company) had 20 days to accept or reject the arbitrator's decision. The insurance company is appealing the decision. They offered a flat amount which is considerably lower than the amount awarded by the arbitrator. It appears we have no choice but a jury trial.

My car was an older model and I have been reimbursed for it. The only pending issues are medical, loss of wages, pain and suffering. There is a possibility that I may need surgery on my hand somewhere down the road to relieve the tendonitis. It is always painful but it is difficult to prove that it is a direct result of the accident. As for the ribs, nothing further can be done for them. They are "healed" but very crooked. I have recurring discomfort, especially if I lay on my right side.

I'm not greedy. I'm really looking for compensation for the awful pain I suffered as a result of the accident. My car was hit while I was stop on Rt. 95 because of construction. The man who hit me was probably going between 40 and 50 mph. Obviously he wasn't paying attention. I guess I want to know some parameters for what is fair. Example: $50,000 - $25,000.

My lawyer receives 1/3 of the settlement. If we go to court, that amount will increase to 40%. I am concerned about my lawyer's competence. He doesn't appear interested in representing my best interest.
  #4  
Old 03-28-2002, 03:23 PM
Vincent Cosent
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Do the math


1/3 of16,000 is leaving you with10,000 and 40% of 25,000 leaves you with 15,000 . Your lawyer probably is competent but lazy.
Lawyers like easy money.You can offer to take the 16,000 but they agree to pay for all future medical treatment.If they dont agree then go to court.I would go to court as the arbitrator already said 31,000 and 40% of that leaves you with 19,000
Also your future medical costs are very important as that can wipe out your money settlement very easily.Good luck!
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