We hired an attorney for a car accident. The other driver is 100% at fault. The injury is a broken wrist across the radius and ulna bone on the dominant hand. The radius also sheered off on the distal end requiring surgery, plate, and 7 screws.
After 3 months of PT and 4.5 months after surgery, the Ortho Surgeon declared Maximum Medical Improvement (MMI). There is still another 12 months of continued personal physical therapy. Damage is permanent and will require the plate to be in for life. Arthritis has already set in and environmental changes trigger additional pain (cold and rain).
There is an estimated 10-20% loss of motion permanently. Activities that will no longer be able to participate in with kids are anything to do with holding equipment: tennis racket, lacrosse stick, bat, etc. The wrist is not strong enough to protect the torque. It is not certain that this will ever be possible.
Total medical bills are ~$22,000 based on our documentation. It is impossible to know for certain because we get about 30 different bills from the ER.
Our attorney pulled them all and will have the real number. Lost wages is $2,500. Lost future wages is estimated at $7,500 (2 days per year, $250 per day, 15 years). Future medical bills would amount to the same $7,500 estimate.
At a high level, I am trying to understand the estimate of the settlement range. Based on the calculator method and estimates, we should be using a multiplier of 5-7x (whether that is accurate, I am not sure).
For a range, this would be ($22,000 medical bills + $2,500 lost wages + $7,500 future medical + $7,500 future lost wages) ~$40,000.
Low End (3x)= $120,000 High End (6x) = $240,000
For checks and balances purposes, does this seem reasonable and/or accurate?
I don’t want to be blind if the attorney comes back with an offer of $50,000. Any information and perspective you can give would be appreciated.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Wynston,
It is our policy here at Injury Claim Coach not to interfere with the attorney-client privilege. To do so would be wholly inappropriate.
Generally speaking, when it comes to serious injuries, attorneys have several methods of calculating settlement demands. Insurance companies used to pay anywhere from 4 to 7 times medicals or higher in serious injury claims.
Today, those payouts have substantially declined. Unless the collision involved catastrophic injuries, insurance company settlement offers are rarely much higher than about 4 times medicals.
Moreover, unless the at-fault driver had substantially high limits on his or her insurance policy, you would have to pursue the driver personally for any amounts over policy limits.
In North Carolina, auto insurance minimum liability limits are 30/60/25, meaning: $30,000 for injuries to one person, $60,000 for injuries to two or more persons, and $25,000 for property damage.
Learn more here: Personal Injury Attorney Fees
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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Is the Lawyer supposed to provide a breakdown of how much he has spent prior to the lawsuit going to court. He is stating he spent anywhere from $8,000-$10,000. He does not specify a set amount. Nor does he say what the monies was for. Also, if he stated from the beginning he is to receive 30 percent then does not remain 30 percent at settlement. Yes this was a contingency settlement. What happens if the lawyer refuses to provide proof of his services.