Question:

What can I expect for a settlement from an accident, given my injuries?

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I was recently in a vehicle accident that was not my fault. I suffered a broken hand and whiplash that I am being treated for by a chiropractor. This is in Kansas. What I'm wondering is what I should reasonably expect to receive from a settlement? Obviously I'll receive property value for my car and missed work, but what should I estimate for injuries?

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  1. I would have to say that it really depends on what kind of insurance plan the person who hit you had. I have four slipped discs in my back with a 10% permanant partial imparement in my back from a not at fault accident. I recieved $3000 for lifetime health costs after the other medical bills and what not were paid. The person that hit me had a horrible insurance plan and I got the maximum of what the plan would pay, even with an attorney. I have heard of people with less injuries than I getting a lot more money than me because of the insurance plans. So really in the long run, it depends on insurance coverage, not lawyers, not injuries. Good Luck!!!


  2. Pain and suffering - lawyer will take about 40 to 55 percent of whatever is offered.

    Do NOT sign off on a completed medical release under any conditions, as whiplassh can cause medical problems later. Also if the hand does not work correctly if may affect you ability to do your job.

    If there was no malice or intent on the part of the responible person you may get as much as 10K, or less. If the other party was (for example) drunk and ticketed by the police for being at fault and not in control, you may get a little more. Do not expect to retire on this settlement.

    cost of medical and replacement or repair of vechicle is the responisblitily of the person who hit you. The lawyer should not touch this amount at all.

  3. What was the extent of your fracture?  Did it require casting?  Surgery?  Do you need physical therapy?  Was the fracture on the dominant hand?  Since you are capable of typing, I assume that the fracture was relatively minor.   How much time from work did you lose?  When was the accident, and how long will you be treating?  

    Kansas is a No-Fault state that requires you to go through your own PIP coverage.  Your medicals and most of your wages will be a paid by PIP.

    In order to pursue a claim for pain and suffering, you need to meet one of the following threshold requirements.  They are:    (1) medical treatment valued at $2,000 or more; (2) permanent disfigurement; (3) a fracture to a weight-bearing bone; (4) a compound, comminuted, displaced, or compression fracture; (5) loss of a body member; (6) permanent injury within reasonable medical probability; (7) permanent loss of a bodily function; or (8) death.

    Assuming you are tort eligible, once you have stopped treating, your claim will be evaluated based on the extent of your injury, treatment and disability.  Your percentage of liability, if any, will be deducted.  

    Your insurance company will subrogate for what they paid out to you under PIP assuming there are no loss transfer requirements.

  4. unfortunately not much!

  5. Through an attorney... with 33%... more than likely 10 grand but probably no more... the attorney takes 33% and the medical takes 33% and you get the left overs:( greedy b******s...

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