Legal Question in Personal Injury in California

Fair compensation for an auto accident

I was involved in an auto accident earlier this year. The other driver ran a red light and broadsided my car (driver's side) at approx 35 mph, which resulted in a total loss of my car. This driver (covered by USAA) has admitted 100% fault, and I have a police report and two witnesses verifying this. I have medical bills for back and neck injuries, in addition to suffering a mild concussion that total $1100. I also have lost time from work and suffered anxiety/stress due to the accident. My chiropractor put in writing that I will continue to have problems related to my back injury, due to the nature of my job which requires that I sit for long periods of time. What would be fair compensation for pain and sufferring in this case (generally speaking)?


Asked on 12/04/99, 11:59 pm

2 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Fair compensation for an auto accident

Settlements vary from case to case. The insurance company will evaluate the extent of damage done to your car and what your medical bills are. They are out to settle for the least amount possible. Did you have private insurance or med pay that paid for your medical bills up front? If so, they would be required to reduce by a third if you hired an attorney. The reason I mention this is they are probably going to offer you around $2,000, depending on your lost wages. With an attorney you are looking at around $3500-$4500, again depending on your lost wages and your chiros estimate on future medical bills. So say you settled yourself for $2000. You would have to pay the full amount for your medical bills which would put about $900 in your pocket. If you hired an attorney on a contingency of 33% and settled for $3000, which would be the least amount I could get for you. The attorney would get $1,000, the medicals would be reduced to about $850, that would put $1150 in your pocket. There are obvious advantages to hiring an attorney. You would definately put more money in your pocket, your meds would be reduced and you wouldn't have to deal with reimbursing the medical insurance yourself. Now, if your bills are waiting to be paid at the end of the accident the hospitals are required to reduce for attorney's fees by a third, and even though chiropractors are not required to reduced they usually do so that they can get paid faster. If you would like additional detailed info on what you can expect as far as settlement I would need to know what your chiro is saying as far as future medical bills, and how much time you have lost from work. The call and consultation are free and there is obligation to hire me if you call for more info. This way I can give you a closer figure on what they are going to offer. Do not settle until you have talked to an attorney about what they are offering you.

Even if you don't call me call someone so you know what you are getting is fair. I can be reached at 888-563-8529. I look forward to hearing from you.

John Hayes, Esq.

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Answered on 12/06/99, 8:17 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Fair compensation for an auto accident

There are a lot of factors. A case like this could average between $2,500 and $4,500 plus the cost of your car repair.

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Answered on 12/07/99, 12:14 am


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