My wife and I were in an accident and our brand new SUV was totaled. I was a passenger and received a sprain, concussion, and contusion to the head. I even missed 3 days of work and was taken to the hospital after the accident.
What is a good amount I should start with for settlement negotiations?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Concussion from SUV Car Accident...":
All personal injury claims begin with medical bills. In the legal business medical bills are referred as the “Hard Costs”.
Before considering any settlement you really need to let your medical treatment run its course. One of the biggest mistakes people who represent themselves make is settling too soon, and for too little.
There isn’t any rush to settle your case. There is a 2 year Statute of Limitations period. That is the time period in which a person must settle his claim or file his lawsuit. After that date all legal rights to sue are gone.
These are the following items you will need to verify before beginning any settlement talks:
• Hard Costs
• Out of Pocket Expenses (These can include the cost of prescription and over the counter medications, bandages, parking fees for doctors' offices, and even a prorated amount of the gasoline you used while going through all you had to during your convalescence)
• Lost Wages
Once you have all this information you will next need to request your doctors’ diagnoses and prognoses of your injuries and treatment. The doctors’ verification of your injuries and treatment are very important factors in the negotiations.
Then you can ask the insurance company for any amount of a multiple of 1. In other words, you might start at asking for 3 times your Hard Costs. You can ask for more if you like. The multiple really is a factor of your injuries and treatment costs.
The purpose of the multiple of Hard Costs is to avoid haggling over the amounts of out of pocket expenses, lost wages and pain and suffering.
Once your settlement is made all of the above will be covered.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.