How much settlement am I entitled to?
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You may want to get a lawyer.
I have done injury claims adjustment in the past. If I were in your shoes I could handle my own claim, but you are a newbie at this. I am not an attorney.
You will need to find out the man's policy limits, if there are any other defendants or not, and you must protect the statute of limitations. You might have residual disability, or live in a no-fault state. Loss of earnings is a factor. I also suggest you find out if the old man has assets if he has a minimal limit policy.
A broken bone with surgical reduction is a VERY significant injury.
Most all claims adjusters in the States are good professional people. But due to the economy the ones still employed are very overworked. They might not be able to give you proper attention for that reason.
Make sure your attorney is a good one. There are as many shysters and fly-by-nights out there as good attorneys. Many attorneys are very good; others have a big hat but no cattle and no horse. You local Bar Association will help.
I have done injury claims adjustment in the past. If I were in your shoes I could handle my own claim, but you are a newbie at this. I am not an attorney.
You will need to find out the man's policy limits, if there are any other defendants or not, and you must protect the statute of limitations. You might have residual disability, or live in a no-fault state. Loss of earnings is a factor. I also suggest you find out if the old man has assets if he has a minimal limit policy.
A broken bone with surgical reduction is a VERY significant injury.
Most all claims adjusters in the States are good professional people. But due to the economy the ones still employed are very overworked. They might not be able to give you proper attention for that reason.
Make sure your attorney is a good one. There are as many shysters and fly-by-nights out there as good attorneys. Many attorneys are very good; others have a big hat but no cattle and no horse. You local Bar Association will help.
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Originally Posted By: eljefino
Get a lawyer. It's such a slam dunk case they might do it for less than the usual 33%.
No amount is too much. Geezer probably has $100k liability. Let the lawyers work out how much is fair.
I say go for it all! even his 401K b/c of those screws in his ankle are there for the rest of his life. I had an ankle injury when I was 14 playing basketball at a friend's house. 20 yrs later, my ankle isn't the same. I can't walk fast or run without my ankle hurting. I'm serious.
Get a lawyer. It's such a slam dunk case they might do it for less than the usual 33%.
No amount is too much. Geezer probably has $100k liability. Let the lawyers work out how much is fair.
I say go for it all! even his 401K b/c of those screws in his ankle are there for the rest of his life. I had an ankle injury when I was 14 playing basketball at a friend's house. 20 yrs later, my ankle isn't the same. I can't walk fast or run without my ankle hurting. I'm serious.
definitely do not rush the settlement. As mentioned, side effects can "crop up" months, even years down the road.....so keep going to your regularly scheduled doctor appointments, save all receipts.
I know in my state we do not have such thing as "pain and suffering" unless you are wrecked for life....but if you needed screws put in your ankle, that's crowds alone for a good chunk of "pain and suffering".....
I know in my state we do not have such thing as "pain and suffering" unless you are wrecked for life....but if you needed screws put in your ankle, that's crowds alone for a good chunk of "pain and suffering".....
JHZR2
Staff member
Originally Posted By: Shannow
You are lucky to have been involved in pre tort reform America.
The tort reform that so many on this board want has been implemented in Oz, and it's a disaster for the victims of accidents.
They will take legal action to close a case after 18 months (workmate was forced to close the case on his 5yo son nearly crushed to death by a reversing pensioner at a fair...he argued that since the kid was so far from puberty that any problems wouldn't show up until he developed...they argues that he could do normal 6yo stuff, and won).
They will query damage to goods. Another bloke T-Boned on his motorbike at a roundabout was denied coverage for his kevlar jeans, as he "authorised" the Ambulance drivers to cut them off his crushed leg.
There is no "compensation" unless there is at least 15% (soon to be 25% due to pressure from the insureres) total and permanent disability. Lose an eye, tough.
Loss of earnings means that you claim sick leave from your employer while being treated, and they reimburse the employer. If you are a casual worker, they will argue that you have no regular income.
Good info.
You are lucky to have been involved in pre tort reform America.
The tort reform that so many on this board want has been implemented in Oz, and it's a disaster for the victims of accidents.
They will take legal action to close a case after 18 months (workmate was forced to close the case on his 5yo son nearly crushed to death by a reversing pensioner at a fair...he argued that since the kid was so far from puberty that any problems wouldn't show up until he developed...they argues that he could do normal 6yo stuff, and won).
They will query damage to goods. Another bloke T-Boned on his motorbike at a roundabout was denied coverage for his kevlar jeans, as he "authorised" the Ambulance drivers to cut them off his crushed leg.
There is no "compensation" unless there is at least 15% (soon to be 25% due to pressure from the insureres) total and permanent disability. Lose an eye, tough.
Loss of earnings means that you claim sick leave from your employer while being treated, and they reimburse the employer. If you are a casual worker, they will argue that you have no regular income.
Good info.
I will tell you this, my gf was in a wreck a few months ago and the best thing we could have done is get a lawyer. They will make the process VERY smooth for you and make sure you dont get jerked around too much. And yes the insurance companies will ask a bunch of questions. The best advice, dont answer them and direct them to your LAWYER. Answering anything now, even if it seems completely stupid, can throw out your entire case. As far as the lawyer goes, you will have to be patient as they do take awhile to get things settled. And yes her arm will be messed up for the rest of her life as will your ankle
. So just do yourself a favor like we did
We really didn't want to do it but didn't really have a choice as the expenses were going to be through the roof for surgery.
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