Q: Average settlement amount?
I know there's no accurate amount that can be estimated here but I was wondering.
Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and whiplash.
What would be a good guestimate for the amount of settlement money we may receive for these injuries? Our lawyer refuses to give us a ballpark idea.
A: The effect on each person’s life and other factors are so different, it is impossible to estimate.
A: There is no "average" settlement amount. It all depends on how much you have been damaged and how good your attorney is in convincing the other side of the risk and exposure. The amount of insurance coverage also determines, including your own "under insured motorist" coverage. Start by adding up all your medical bills and expenses, multiply this by 3, add in your lost earnings plus 3% interest; if you have permanent injuries or will require future surgeries, this must also be considered, as well as the loss of enjoyment of life. When you do all of this and still have not exceeded the amount of insurance coverage, you will have a ball park, but if you do all this figuring and it is $250,000 but there is only $15,000 in coverage, there is a problem. You need to discuss these details with your attorney who knows your case better, knows the people better, knows the insurance coverage better. Do not rely on this opinion because I don't have all the facts, this is just to give you an idea of possibilities, and is not a definitive answer. Thank you for using Justia, Ask a Lawyer.
A: It could be difficult to offer an "average settlement amount." There are too many variables involved. Liability appears to be clear-cut, based on your description. That makes things easier. Now it will be a matter of reviewing the medical records in detail. Those findings, and the impact of the injuries on one's life, will be major factors in determining a settlement. There are other factors - the opposing attorney, the carrier, the court system where the matter would go to trial if it came to that, and more. Good luck
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