Fair Range of Settlement for car accident

BigMoe

New Member
Jurisdiction
North Carolina
We were in a car accident. It was on a 5 lane city street with the center lane for left turning vehicles. We were hit head on by the at-fault driver attempting to make a left while we were in the lane next to the center lane. She was cited, her car was damaged greatly, and ours was totaled. There is one injury that we are trying to settle with. We have been told that it is a very serious injury. After being fully treated and released by the orthopedic surgeon, we tried working with the insurance adjuster. The first offer was less than the medical bills (I thought that was against the law). We negotiated back and forth a little and got a little over medical bills.

The injury was a severely broken wrist with 3 breaks and shattered fragments. It is on the dominant arm. The break was straight across the radial and ulna. The major break was a distal radius fracture. This sheered the bone at the joint and shattered many pieces. We were told surgery was scheduled for 2 weeks, but 4 hours after release from ER, we were called by the head surgeon to get in for immediate surgery. The damage and fragments were a danger to the artery. After a year of physical therapy, there is going to be permanent restriction in movement by 10%, arthritis/tendinitis are already present. Surgeon has stated that if the tendinitis does not go away after 5 years, another surgery may be necessary. Total medical bills were $33,000 (before insurance); $20,000 (after insurance).

We have had to retain counsel and file a lawsuit. This is not one of the ambulance chasers. I do not know why, but lawyers do not like talking numbers. I think they are afraid that if they do and don't hit it that there will be a problem. We have never been in a situation like this. I have looked at calculators online which I think are a joke but the only thing I have to go on. When we ask what our attorney thinks, he simply says he will get us fair value. To me, that means nothing.

Based on the garbage information I have found online, it would lead me to believe that this would be worth $60,000 - $150,000. But there is no right way to estimate something like that.

Do any of you experts have any guidance on what may be a realistic range?
 
Sorry, you have counsel. It's unethical for other attorneys to interfere.

I can say that insurance settlements aren't as quick as many people desire.
The best thing you can do is endure the surgeries and medical procedure and get healthy.
The insurance issues will slowly improve.
 
The first offer was less than the medical bills (I thought that was against the law).

It isn't.

I do not know why, but lawyers do not like talking numbers.

For the same reason I don't like talking numbers. Talking numbers is meaningless. The award or settlement will be between a dollar and a gazillion dollars. Every case is different and is either settled based on the attorney's negotiating skills or awarded on the basis of a jury's analysis.

I have looked at calculators online which I think are a joke but the only thing I have to go on.

They ARE jokes and you would be wise to ignore them.

When we ask what our attorney thinks, he simply says he will get us fair value. To me, that means nothing.

Sorry, but that's all anybody can tell you.

Based on the garbage information I have found online, it would lead me to believe that this would be worth $60,000 - $150,000. But there is no right way to estimate something like that.

Correct.

Do any of you experts have any guidance on what may be a realistic range?

I spent 35 years in the insurance industry and even I couldn't tell you anything that would make sense.

However, with $33,000 in medical bills and a possible permanent partial disability I think the $60,000 as a minimum would be a safe bet in a jury trial.

Where it goes from there is anybody's guess and depends on a lot of variables that you haven't revealed:

Age, gender, education, occupation, loss of earnings to date, loss of future earnings potential, potential need for future medical treatment, potential need for retraining to another occupation, etc, etc.

Worse, the value of the claim may be irrelevant compared to the possibility of collecting it. That depends on the policy limits of the at fault driver and the financial condition of the at fault driver.

At the end of the day, there is nothing fair about personal injury claims.

You'll just have to wait and see how it plays out.
 
Thanks for the information. At least now I know I am not getting yanked around the by a chain. The purpose of asking is because we have never had anything like this happen. It is all new ground. I am one that likes to have some knowledge of what is going on. I guess we will just be in the dark and let the attorney do what he does.
 
I do not know why, but lawyers do not like talking numbers. I think they are afraid that if they do and don't hit it that there will be a problem.
Close enough. The reason lawyer's don't like talking numbers is that, if they do, they put a number in your head that is very difficult to shake out later. If your lawyer tells you "that sounds like a $100,000 claim", but can't get close to that through settlement, you will either a) be more inclined to take it to trial, which is a pain in the butt, or b) more inclined to think your lawyer didn't do a great job.
 
Thanks for responses. The other reason for asking is to understand the financials involved when moving from low settlement offer to litigation. I work with numbers at work and we make decisions with imperfect data often. I guess this is a similar situation and have to rely on the expertise of the attorney that they believe they can recover much more through a lawsuit. However, on my side, all we are seeing is our cost increase. We are going from 33.3% to 40% + unknown costs/fees. At the end of the day, if going through all the motions of a lawsuit only increases the benefit slightly vs the lowball offer, it is not worth the time and effort.
 
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