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When you have a settlement with a insurance agency, do you get 3 times the money of your medical bils? |
I don't really undrstand how it will work out. The lawyer told me that I will leave out his office a happy lady. But I lost my car in this acident , and the insurance company only gave me the NADA value which was in poor condititon because it was totaled. So far my medical expenses range from 2720 to 2800 dollars. Can some one just please give me a little more insite. Also I'm going for my pain and suffering also. Thanks for the advice. OK, the settlement is whatever you agree it is. You both agree, then you can "settle". Pain and suffering might be where you heard the 3x number, but frankly, it depends on A LOT of things. If you have no-fault insurance, or limited tort, you won't get ANY pain and suffering. Even if you do, it's going to depend on what kind of injury, and how serious it is. Frankly, if you're at $2800, that's not much. If it's all soft tissue injury, well, that's not much. If $1,000 of it is emergency room plus xrays, and the rest is chiropracter for sore back . . .you're not going to get 3x for pain and sufferring. Plus, your lawyer is probably going to take about 40% of whatever you get, so if you get 1x pain and suffering, you're basically just getting medical bills, and the lawyer gets the rest. Don't worry, since you have a lawyer, they'll milk it for all they can - just don't expect to get a check for $9,000, because you'll be lucky to get $4,000. Source(s): agent, 20+ years If you're working through my what colleague calls a "sleazy lawyer," i.e. a personal injury attorney, the award will generally be three times the medical. However, 1/3 will go to the medical provider, 1/3 to the lawyer, and 1/3 to you. Hello.. I am a Paralegal in the Personal Injury field.... Your settlement is based on your injuries, the permanency of your injuries meaning is there any permanent scarring or any permanent damage that will not reach a medical end result. Soft tissue injuries to your neck and back are different then a broken leg or scar. So there are many things that factor in. Just treat with your doctor and when you feel you have reached a medical end result discuss that with your doctor. Good Luck... The insurance company gives you the fair market value of your car, not the value after it is totaled. I mean what would happen if you wrecked a brand new car that you still owed lottsa money on and they gave you wrecked value? What ever that figures out to be, thus being a newer car will get more money, an older car, less money. I believe you get trebel damages if you can prove pain and suffering, but your medicals will be the first thing they consider paying. Most attorneys who represent you ask for 1/3 of your settlement, maybe that is where you are getting the 1/3 number.But remember, we aren't supposed to get rich off of accidents, but to re-coup the quality of life we had post-accident. Hope this helps. your medical bill total (called special damages) is irrelevant to what your pain and suffering (called general damages) compensation may be. This can be based on a number of things including your prior health condition(s), injuries from the loss, treatment, recovery, lack of recovery/impairment, lost wages, loss of consortium, duties under duress, loss of enjoyment of life, your witness qualifications, what your do for a living and whether you can return to that vocation, and the list goes on and on. There are too many variables to globally apply a muliplier to your medical specials. Anyone, including an attorney, who states that insurance settlements are simply a mulitplier of your medical bills is ignorant to the proper evaluation of an injury claim. Sometimes it may work out to three times medical bills but only by coincidence. If a truck driver and a surgeon each lost their index finger in an accident and incurred $7500 in medical bills, would their claims be worth the same? No way.... based on what was spent on medical expenses |
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