Opinions about settlement

[applecruncher]

What is the name of your state (only U.S. law)? This happened in Michigan

This is after the fact, but . . .
A relative (63 y/o female) was a pedestrian and struck by a vehicle last yr while in shopping center crossway (to enter store). Was shook up, taken to ER, sprained wrist and sore shoulder for awhile. (No neck or back pain.) X-rays, splint, RX for pain, cortesone shot, 2 wks of phys therapy. Medical bills totaled about $3,000 (pd by ins.), no lost wages (retired).

She hired atty, first offer of $8,000 was turned down. Final offer came last week - $13,500. (after atty fee and ins subrogation she will get to keep a little over $6,000). She accepted.

Atty felt second (final) offer was good because 1) no permanent injury 2) low medical bills, no surgery 3) and that if taken to court there would be a lengthy, expensive fight and a jury would probably give her less.

Hmmm. That kind of surprised me. (I thought she would get at least twice the amount because of the trauma of being hit by a vehicle as a pedestrian.)

Not my decision . . .but just soliticing opinions. Thanks.

 

[ecmst12]

I agree with atty. "Trauma of being hit while a pedestrian" is not a compensable damage, unless it was to the extent that psychiatric treatment was needed. I mean, she got $6000!!! in her pocket, that ought to make up for any trauma.

 

[applecruncher]

Oh, when she called and was telling me all this, she said atty also said if it went to court the law firm fee would be 40% (instead of 33 1/3) and there would be other fees (filing fee, possible depositions, etc.). Juries are strange sometimes.

A lot of people automatically think when pedestrian injured that means a huge settlement - not necessarily. And, it's not like she's having screaming nightmares or anything, but she said she does have anxiety when crossing street or in a parking lot.

I was surprised that the offer went from $8k to $13.5. That took a couple months.

Actually, she's lucky she wasn't hurt more seriously.
Thanks.

 

[ecmst12]

It's very normal for attorney fees to go up if the case goes to court. Court is expensive and time consuming and very, very risky. If there aren't very significant damages, it's usually not worth it.

I was hit as a pedestrian in 2005. It was ruled as my fault (I wasn't in a crosswalk) so I didn't get anything, but I also wasn't seriously hurt. I also had some anxiety while crossing the street for a while, but you know, all it REALLY made me do was be more careful when I was crossing the street! Sometimes anxiety is a good thing...