Options about accepting a settlement offer

DJ1967

New Member
About 3 years ago I was involved in an accident when I was hit by a car while crossing the street, this resulted in me needing surgery. I decided to go to a lawyer and was told my case could take up to 6 months to settle. This of coarse was not true, the lawyer handling my case ended up quitting her job and my case was handed off to another lawyer. The same thing happened with this new lawyer so my case was passed off again. After a year or so I think I wrote a testimony of what happened. A few months ago was when I had my deposition and a few days ago I had my mediation.

The representative from the other insurance company could not be there and she was contacted via phone by her lawyer which was in a separate room from my lawyers. My medical bills were around $160k. My lawyers seemed confident so I felt comfortable and they asked for 500k. However the mediator came back and said the representative offered 170k as a counter offer.
I was confused at this point because the offers were so far apart. After about 3 hours of my lawyers going down 10,000 and her side going up 10,000. The mediator pulls the lawyers out of the room, they come back and i'm told that the representative from the insurance company did not have the authority to release anything over $250,000 and they would have to find someone higher up in the company.

At this point i'm quite upset, I don't see why we even wasted time with this representative if she didn't even have the authority to give us the money we demanded and why she didn't say this when we 1st demanded 500k. This just sounds strange to me. The mediator mentioned something about contacting someone in the insurance company the following week. My lawyer said he would send an email to the insurance company so at 1st i'm thinking, this is something that can be handled by next week. But when my mother asked him how long it would take to have a conversation with this person about a settlement my lawyer said he didn't know.

Do I have the option to accept the 250k offer? I didn't have much say in the negotiation process because they did all the talking, but I really don't want to wait longer than the end of this month for them to chase some mystery person from the insurance company and I don't want to wait another 2 months for them to schedule another mediation. I'm really considering scheduling an appointment with my lawyer and talking about this because it's bothering me greatly.
 
Do I have the option to accept the 250k offer?

What you do depends upon what you've agreed to when you signed the retainer with the firm that represents you.

Theoretically you can refuse the offer and hire yourself a more aggressive, client focused attorney.

I've always found mediation to be a waste of my time, and my client's time.

I refuse to even attend mediation, opting always to litigate the matter before a judge and jury, which is a RIGHT offered to litigants in Texas.

You appear to be posting from near Myrtle Beach, SC.

I suggest you discuss all of your concerns with at least three other law firms near you BEFORE you agree to ANYTHING.



At this point i'm quite upset, I don't see why we even wasted time with this representative if she didn't even have the authority to give us the money we demanded and why she didn't say this when we 1st demanded 500k.


This is BUT one reason I never waste time and burn daylight with mediation.

Do I have the option to accept the 250k offer?


You have to option to ask for two weeks to decide what is bets for you.

Take that time and visit THREE reputable law firms (not lawyers, but law firms) in your state.

The goal is to see if you can hire another law firm.

The way you describe things, $500K is a reasonable ask in my view, based upon the nature of your injuries and medical bills to date. Heck, your case could be worth $1,000,000, IF you HIRE the right law firm!




I don't want to wait another 2 months for them to schedule another mediation.



You've waited MONTHS so far.

If you want/need $500K, or could get $1,000,000 (which is more appropriate based on your revelations), I'd wait a year or two; if I had to do so!
 
About 3 years ago

Then I hope that your lawsuit has already been filed because the statute of limitations for a personal injury lawsuit in South Carolina is 3 years.

i'm told that the representative from the insurance company did not have the authority to release anything over $250,000 and they would have to find someone higher up in the company.

This is how the game is played. You and the insurance company are enemies. The insurance company is fighting a war of attrition hoping you'll get tired of waiting and leave a ton of money on the table.

If your claim really is worth $500,000 then insist on going to trial. Once a trial is scheduled and the time for it gets closer and closer they'll find that person with the authority to kick up the offers.

Non illegitimus carborundum.

Don't let the bastards wear you down.
 
Do I have the option to accept the 250k offer?

From what you wrote it is not clear that an offer of 250k was made, just that any offer could not exceed that. Was 250k offered or was it 180k after the initial 170k?

If you feel you deserve more than is being offered in meditation you can proceed in court. Mediation is just an opportunity for parties to come to terms with minimal court involvement. Let a jury decide what you are owed if mediation has failed.
 
From what you wrote it is not clear that an offer of 250k was made, just that any offer could not exceed that. Was 250k offered or was it 180k after the initial 170k?
I'm pretty sure the mediator said she was offering 250k but couldn't offer anymore than that. He communicated things much better to me than my lawyer did to be honest.
 
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This is how the game is played. You and the insurance company are enemies. The insurance company is fighting a war of attrition hoping you'll get tired of waiting and leave a ton of money on the table.

If your claim really is worth $500,000 then insist on going to trial. Once a trial is scheduled and the time for it gets closer and closer they'll find that person with the authority to kick up the offers.

Non illegitimus carborundum.

Don't let the bastards wear you down.

I know this, and this is what i'm afraid of. I'm planning on moving after the summer and was hoping that we would agree on a settlement because it would help with me moving. I just can't imagine waiting more than a month for them to schedule another mediation that might not even add much money to the final settlement offer and with 250k I feel i'll have all my medical bills covered and have a little extra money in my pocket.
 
Do you understand how little of that $250k you are likely to actually receive?
 
My medical bills were around $160k. My lawyers seemed confident so I felt comfortable and they asked for 500k. However the mediator came back and said the representative offered 170k as a counter offer.
I was confused at this point because the offers were so far apart.

It's called negotiation. You want as much $$ as possible, an the other party wants to pay as little $$ as possible. If the parties' positions were really close, there would have been no purpose in mediating, and your case probably would have settled a long time ago.

why she didn't say this when we 1st demanded 500k.

Probably because she hoped she could get you down to $250k or less.

Do I have the option to accept the 250k offer?

Nothing in your post suggests a $250k offer was made. However, if it was, you certainly are free to tell your lawyer that you want to accept it. And, if no such offer was made, you can tell your lawyer to offer to the other side that you'll settle for that amount.

I'm really considering scheduling an appointment with my lawyer and talking about this because it's bothering me greatly.

Makes sense.

Here are a few questions for you:

1. In what state did the accident occur?
2. Have you filed a lawsuit? If so, when was it filed? If not, why not?
3. Was the other person involved in the accident driving in the course and scope of his/her employment? Is he/she a particularly wealthy individual?
 
1. In what state did the accident occur?
2. Have you filed a lawsuit? If so, when was it filed? If not, why not?
3. Was the other person involved in the accident driving in the course and scope of his/her employment? Is he/she a particularly wealthy individual?

This accident occurred in South Carolina. I'm pretty sure a lawsuit was filed, shortly after the accident I went to this particular firm and one of their lawyers accepted my case, this was back in October 2016. The person driving was in a truck that belonged to his boss who runs a landscaping company.
 
I did the math, and after taking out the medical bills and the lawyer fees I think it was atleast 10k.

If your attorney is getting a standard 1/3 contingent fee, then he will get $83,333.33 (plus any hard costs incurred by the attorney that would have to be reimbursed off the top). You said your medical bills were around $160k. That would leave $6,666.67 for you (unless your attorney can negotiate reductions of some or all of your medical bills or is willing to reduce his share).

Of course, that leaves you better than where you were before the accident, and that's the ostensible goal of tort litigation.
 
I'm pretty sure a lawsuit was filed, shortly after the accident I went to this particular firm and one of their lawyers accepted my case, this was back in October 2016.

You should be more than "pretty sure." As "adjusterjack" noted, the statute of limitations in SC is three years. If the accident happened in the fall of 2016, then you still have time, but keep that deadline in mind.

The person driving was in a truck that belonged to his boss who runs a landscaping company.

That explains the size of the numbers being discussed. Most individuals have less than $100k in coverage. How big is the employer's policy?
 
I'm planning on moving after the summer

Change your plans and stay put. Don't do anything that will telegraph to the insurance company that you are desperate for money. Don't move, don't change jobs, don't buy anything that costs a lot of money.

Your position gets stronger the longer you can afford to wait.

There's an old saying in the claims business: The longer a claim is open the more it costs.
 
Sorry for bringing my issue to YOUR topic, but reading this topic made me scared a bit. I had an accident too 4 years ago. My bills were not high, appx $16K, but I need a wrist surgery and surgery estimated up to $50K (I don't have an insurance). Plus, I was diagnosed with TOS.
My lawyer seriously disappointing me still because I still have not received a settlement even though May 24 is due date.
But anyway, I was told I need to answer yes or no on mediation day.
I did not know we can do ANOTHER mediation.
So we settled for $135K minus expenses, etc. All my medical bills already covered and I am waiting to receive $88K check.
The responsible party limit is 100K combined policy number. They paid rest what left.
My mom who was visiting me from another country, received extremely small settlement (5K to her after all expenses), plus my car was total. So 100 minus her settlement (her first lawyer was a crook) - minus LIPD ($20K), plus $4K for totaled car, they offered me all rest of $75K.
We filed undercovered motorist, and my own insurance paid me $60K (only, I was not satisfied much, but my lawyer didnt fight hard enough for me and gave me a calculation that IF I go to a court, I might receive even less because of too expensive cost).
So being completely physically and emotionally wrn out, not liking my lawyer, and after contacting MANY top lawyer, who REFUSED to take my case, I let it go.
Just tired.

Sorry, long story.

I got scared WHY your calculation is different than mine. Confused. Your isnurance must cover all your medical bills. My $88 just my 'cash". nothing from them I am going to pay anywhere. Why you have left that little?
Jessica, Don't hijack someone else's thread. The OP of this thread in in S.C. and has a different set of circumstance than you. And again...Do NOT hijack another members thread.
 
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