People who have a personal injury claim usually want to know what
kind of back injury settlements or other car accident insurance
settlement amounts they can expect to get. We have been doing these
types of cases for a long time, and have settled or argued nearly
one thousand personal injury cases. I can tell you that there is no
one amount you can get for a certain type of case and that you can
not use a simple formula to find out how much your claim is
worth.
How much the case is worth is most often determined when the
insurance company adjuster and the attorney try to predict what an
imaginary jury would award the client for these back injury
settlements. The attorney and the adjuster do this after all the
evidence is in and they have determined what kind of witness the
client might make in court. The two then come to some agreement,
with the permission of the client, as to what the settlement amount
will be. Without an attorney, the insurance company will try to
convince the accident victim that their claim isn't worth much and
will often give a "take it or leave it" offer. A personal injury
attorney knows from a lot of experience how much a case is worth.
The attorney also has negotiating skills and the threat of a
lawsuit. The lawyer has it in their interest to get the highest
amount for back injury settlements since they will earn more if
they get more for you. For example, we have had people call us
after settling a case with the insurance company on their own. They
got $500 for pain and suffering, a common initial lowball offer by
the insurance companies. Say, for example, I estimated that I would
have gotten a low total settlement of $5000 for pain and suffering
for the same claim. I would have gotten a third for fees or $1666
and about $60 for costs, but the client would have gotten $3273 or
$2773 more than what they got handling the case themselves. Each
case will vary, of course.
How much a client will receive for a back injury settlement depends
upon many factors such as the severity of the injury, how bad the
impact of the car crash was, the length of treatment for the
injury, the amount of permanent tissue damage done, how much work
was missed, how much pay was lost, how it affected the lifestyle
and the ability to work of the individual, and what kind of job
they had if it was permanently lost due to the injuries. I have had
back injury settlements for pain and suffering between the range of
$900 to $115,000. Again these amounts are tied to the above factors
and their interplay.
Other factors such as who was at fault in the accident can be
important in determining back injury settlements sometimes. For
example: a person who was not wearing a seat belt is considered
partly negligent in some states even if they were rear ended. The
highest injury settlement I have ever heard of was in England for a
woman who got fibromyalgia and won 1.25 million pounds, or roughly
3 million dollars in 1996. This is the world record, as far as I
know, and is a very unusual case.
Other kinds of settlements can be much larger, and I have had car
accident insurance and homeowners insurance injury settlements
overall that settled for much higher than the back injury
settlements mentioned above, including a number of wrongful death
cases. Other kinds of car accident insurance settlements depend on
the same factors that apply to back injury settlements, where there
is only soft tissue damage. These more serious accident settlements
also depend on the amount of insurance available. Sometimes issues
such as how a person's appearance is affected, if there is scarring
or disfigurement, can affect the final pain and suffering
settlement or judgment received. These back injury settlements may
also be reliant on whether or not future surgery is recommended by
the victim's doctor.
Visit
http://www.askalisha.com/legal for more information
on back injury settlements.
Date Published: Jun 12, 2008 - 1:09 pm