How do i figure a settlement in an auto accident?

Question

the other driver was at faught. i got torn tendens in my shoulder. medical bills were $6500. the state is indiana. at my age,58, surgury isn't a good bet to help. so i will have some pain for ever.

Answer 1

First, you don't figure it out by yourself.  Get yourself a Personal Injury/Accident attorney.  They do NOT charge you unless you collect on your claim.  Typically, they will get you your verifiable medical expenses, possible future medical expenses, and "pain and suffering".  They usually charge 25% of whatever your settlement is, but if you have to go to litigation, I believe their cut gets higher, as in 33% or more of the settlement, but, usually, if you go to a deposition/litigation it is because the settlement you are asking for is higher.   A lawyer is your best bet, as they will be able to advise you of your rights, and get you the best settlement.  If you act on your own, the insurance company will most likely lowball you, and hope that you are just blinded by the $ amount and accept.  As soon as you sign off on your claim, you cannot go back and sue if something with your health arises from this accident.  Hope that helped a bit.

Answer 2

The Astrologer gave you some good advice.  Generally, an insurance company figures on paying for your actual medical expenses ($6500); an equal amount for your pain/suffering and future medical needs; and an equal amount to your lawyer.  Thus, a total of 3 X $6500.  However, if you do not have a lawyer, they will pay you 2 X $6500.

However, in your situation, since you have a clearly documentable significant injury with potentially serious long-term effects, it would be wise to be VERY aggressive in pushing for a larger settlement to cover future medical expenses.  A competent lawyer should work very hard to get you more than the 'usual' settlement.

So, as the Astrologer suggested, find a good lawyer and good luck.

Best wishes.

Answer 3

The others insurance company will make you an offer of settlement.  You can accept or reject that offer.  If you reject it, you may want to consider hiring a lawyer and sue them.  If it were me, I would first let MY insurance company help and advise me.  Have you notified your own insurance company ?  If not, do so ASAP