Question:

How much will I get out of my settlement?

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I was in a wreck and I am now using a lawyer to fight for me. I was rear ended at a dead stop. The guy that hit me was going 45 mph. I have a severely sprained ankle, bruising everywhere and the vertebre in my neck are straight instead of having a curve. How much do you think that I will get out of my settlement for pain and suffering?

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  1. It depends on the law in your state, recently alot of courts have created law to cap how much you can ask for. And it depends on how long will be hurt for. Say, if you cant go sky diving anymore, or swimming or do daily activites , you get alot more because its a long term injury.


  2. You have a lawyer -you will be paying him a large chunk of any settlement you get.   Therefore you need to ask him your questions.

    I will tell you this.. most bi settlements are broken down this way:

    Settlement - dr bills - attny fees (usually 33%) = what ever is left over you get.

  3. Depends on where this loss occurred.  You may not even be tort eligible.  The threshold requirements vary from state to state.  Some are verbal, some are monetary and in others your injury must be "serious".   So, you may not even have a claim.  

    Nobody can answer your question with the limited info you provided.  Are you still treating?  Are you employed and have you missed any time from work?  How long were you totally disabled/partially disabled?   How did you sprain your ankle in a rear end accident anyway?

    Perhaps you should ask your attorney this question.

  4. LOL you got a lawyer to take that case?  You have NO permanent injuries, and nothing serious.  You'd be lucky to get $1,000, plus medical bills.  But now you're lawyer's going to take 1/3, INCLUDING medical bills, so you're probably going to end up still owing for medical treatment, after your settlement.

  5. There is no set formula for settlements.  Each insurance company has it's own set of procedures and claims handling rules for their adjusters.  

    They are responsible for reasonable & necessary treatment, but what they consider reasonable & necessary may not be the same as you or your attorney's idea.  Your have no life long problems

    If your attorney submits a demand & they do not agree with it, it will go to litagation.  Either a judge or mediator will make the  final decision.

    When you get the settlement, your attorney normally take

    33 1/3 %.

    Good Luck!!

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