Question:

$10,000 settlement ok?

by Guest60076  |  earlier

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i was in a car accident about 8 months ago. not my fault. the other person took 100% responsibility. i went to therapy for about 5 months. 4x a week down to 2x a week. my lawyer called me and i went to go see him today. the wanted to settle for $10,000 and i accepted because i didnt want to go through the whole court thing. of course my attorney gets 1/3 of it plus expenses ( fax/ mail/ copies) SO DO YOU THINK $10,000 is a good amount or should i have tried to go higher? Im in New York state. Westchester county

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7 ANSWERS


  1. Only you can answer your question


  2. You hired an attorney to represent you in this matter. He knows all about your case and your injury. He is familiar with the laws in your state and the venue where any court case would be heard.  He is taking 1/3 of your settlement. You are paying him for his advice and expertise.

    You really need to direct this question to him. That's what you are paying him for.  

  3. your attorney only take a third? where i live they take a half.

  4. Well, do you think you may need more physical therapy in the future? If you do will the amount that is left over going to cover that expense, because this is not a win fall for you. The remainder of the money you receive is essentially an agreement saying that you will not longer pursue the other person for further damages.

    You can spend the money as you see fit, but therapy will end immediately. If the essence of your injuries were deep tissue and nothing else; they you are the only one who know how you feel. It is not the amount of time spend it is the healing of the injury.  

  5. This sounds like a gift to me but here's some news about your 'lawyer': he would have NEVER gone to court for you. Lawyers (the scum) will settle out of court 99% of the time, sometimes mere hours before court, just to avoid standing before the judge. h**l, most of these slime-ball trial lawyers have NEVER been in court. Take the money, get well and get back to a normal life ASAP.

    Good luck.

  6. Maybe $500 more to cover layer expenses and keep the rest!

  7. Yes, it is a very good settlement. In NY you must sustain a "serious injury" to be tort eligible.  It sounds as if your injuries were limited to soft tissue injuries and arguably you did not even pierce the threshold.  The offer represents a "cost of defense" settlement, although defending a "threshold" injury is more in the neighborhood of $25k in NY.  There is no way the insurance company would offer $25k.  An average settlement for a claim of this nature is $7500 to $15000.  Westchester is more conservative than the Boroughs, but take the $10k and be happy.  Your meds and lost wages were paid by your PIP coverage.  Trust your attorney.  
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