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Question about settling on an amount

Discussion in 'Auto Accidents, Injuries' started by Rachel_D, Apr 21, 2008.

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  1. Rachel_D

    Rachel_D Law Topic Starter New Member

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    To give a few quick, important facts about my case:

    I was rear-eneded by a semi-truck driver who was talking on his cell phone and was not paying attention to where he was going.

    My car was totalled, I had to be removed from the vehicle by the ambulance team because I could not support my head

    I had gone to the emergency room and no fractures were found... it was all soft tissue problems.

    I went to physical therapy for 3 months, chiropracter for 7-8... BUT there was a lag of time in between the first chiropracter i saw and the second. If it matters, it was because I had lost interest in going to chiropracters because the first one was horrible. After being convinced to seek treatment with another one, I did not receive spinal manipulations but I did receive trigger point therapy and it helped A LOT.

    My chiropracter reffered me to a group of "specialists" for fibromyalgia to determine if I had it or not. They concluded that I just had dispersed ligamental strain.

    There was no other real treatment that was received... the only other Dr. I saw was for a referral to see a PT.



    My question is:

    With cases like these... what should I expect to get from a jury trial?

    My lawyer is telling me that (if i settle out of court) they will pay for all my medical bills and that I will receive 2800 for pain and suffering... BUT i don't think he figured his fees into that so I could end up owing him as much as (or more) what I would be getting for pain and suffering. So in the end, I would be paying for something that was not even my fault! I don't really see how this is fair or how it could make much sense.

    Is this typically what happens? He says that if I decide not to settle and go to trial, I could only expect to get at the most 2500 ... and that wouldn't even cover all of my medical bills.

    HELP PLEASE!
     
  2. PILawGirl

    PILawGirl Moderator

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    You should ask your attorney how much you will receive after his fee. It's hard to put an amount on a case unless someone knows ALL of the facts surrounding it.

    You go to trial I can almost guarantee you will end up with $0. It costs A LOT to go to trial and all of those fees will be taken out of your settlement. Also, the attorney's fees for trial usually go up. Normally, it's 33.33% if it settles and no lawsuit is filed. 40% if a lawsuit is filed and 45% if you go to trial. That fee comes out BEFORE everything including medical bills, costs & fees, etc. Not to mention most PI attorney's will make clients pay jury fees, court reporter, etc. up front.
     
  3. confusedinevada

    confusedinevada New Member

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    I was in a car accident and I wasnt even injured and their insurance company sent me $2000...My point is...if I were you, I would do some research such as on this forum and http://books.google.com/books?id=kj...g=Qx2QLCWOud1OiLuws0KVoUfNI4U&hl=en#PPA155,M1

    these sites can give you most of the info you need to compose your own demand letter and determine the dollar amount that you should expect to settle the claim. Good luck to you.
     

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