I had an auto accident, other guys fault 100%, he was driving too fast for conditions. My car was totalled?

Question

my leg was cut, and bruised, and my body was in pain for some time. My leg still has some slight bumps, however the Dr. saw no significant, permenant damage. I obtained a lawyer, and I'm still waiting for him to ask for a settlement amount of the guys insurance company. I just have no idea of what to expect, or what to demand, I've never had a lawsuit, and don't want to be unfair..however my pain was terrible for some time, and my age, 51 didn't help either. Any suggestions?

Answer 1

OK, you realize that driving too fast for conditions, by itself, doesn't mean the other guy is 100% at fault.  Fault is determine by how you guys hit, NOT by the speed.

You've got a lawyer.  YOu need to ask him.  What you can get, will depend on the laws of your state.  You have no serious injuries, you MIGHT not get any pain and suffering at all.

Answer 2

I don't know..... people usually don't go to the dr for a cut and bruise.... They should cover the medical bill and that's it.  Maybe $1,000 for pain and suffering.

Answer 3

You should ask your attorney this question.  Why are you paying him, if he cannot answer your question.  

Anyway, case value varies greatly from state to state.  It is possible that you are not even tort eligible.  Some states have verbal thresholds, others are monetary, and some you must sustain a "serious" injury.  The definition of "serious" also varies.  

Things to consider if you are tort eligible.  Do you work?  Did you miss time from work?  What do you do for a living?  How long did you treat?  How long were you totally disabled/partially disabled?  Aside from the cut which I assume did not require sutures and the bruising, did you sustain any other injuries?  Pain is not an injury.  You cannot prove pain.  Any allegation that you include in the demand, needs to be documented with proof.  

If you live in a No-Fault state, you may have PIP.  PIP pays for your medicals and a percentage of your lost wages.  If you do not have PIP, then any settlement would include your meds and lost wages.  

The adjuster will evaluate your claim based on the nature and extent of the injury, disability and treatment.  

FYI - if your attorney has not file suit, you do not have a lawsuit.  You are simply filing a claim against the other party's coverage.

Answer 4

You said it yourself- you dont have a significant or permenant injury.  Your not going to get a big settlement.  On top of that you choose to retain an attorney who will get 1/3 of that small settlement.

You can expect your medical bills and lost wages paid.. and maybe 1k over.  Now minus 1/3 of that.

I understand you were in pain but you arent permanantly injured.  Big settlements are for people who have huge facial scars, are paralyzed, or will hurt for the rest of their life.

Answer 5

Since you have obtained a lawyer, and will be paying him a third of whatever you get, you should direct your questions to him, not us.

Although I don't understand why you got an attorney if it's as cut and dry as you say it is.  You could have asked your own agent his advice as to what settlement would be fair in your situation, and kept all of it rather than give a third of it to an attorney.  Also, typically settlements are reached much faster without attorney involvement.