Legal Question in Personal Injury in Indiana

Calculating a settlement

I had a accident back in nov 02.I just finished treatmt. I have about $4-5k in dr. Bills. Per the dr. There is possibility of recurring spinal pain. How would an atty calculate a settlemt and what amount based on a year of ongoing pain and treatmt.

Sgt warren

Asked on 1/28/04, 5:13 pm

4 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Calculating a settlement

Sgt. Warren: There are many factors that are used to determine the "value" of a settlement, including the facts of the collision(liability), taking into consideration any comparative negligence on the vehicle drivers, whether a seatbelt was used, the extent of damage to the vehicles, a more definitive indication of the injuries sustained, whether objective findings of on-going injuries have been found to exist, what tests were performed, if any, the types of medical providers involved, who the medical providers are, whether there was time missed from work, the affect of the injuries on activitities of daily living, the extent of any permanency, what County in Wisconsin the accident occurred, assuming that it happened in Wisconsin, and potentially other factors also, such as whether there are any pre-existing medical conditions, whether the accident aggravated any prior medical conditions, etc. As you can see, it is not sufficient to determine a potential range of values of a settlement, without knowing a significant amount of additional information. If you wish to contact me to discuss these facts in more detail, I can perhaps give you a more accurate response.

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Answered on 1/28/04, 5:28 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Calculating a settlement

There are a number of factors that a personal injury attorney considers in calculating the value of your claim, but the first is the liability associated with the injury. In other words, is another party responsible, or were you partially at fault? Then, the damages must be assessed. That includes not only your medical, which most likely will only go to reimburse whoever paid those expenses, but also loss of use of bodily function, pain and suffering, future medical, loss of wages, and other items. There is no clear cut formula. Only the experience of a good personal injury attorney can determine, based upon the experience of many cases, what your claim is worth.

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Answered on 1/28/04, 6:49 pm
Frank Pasternak Pasternak & Zirgibel S.C.

Re: Calculating a settlement

I agree with both prior attorneys that there are many many factors to consider and that you need a lawyer to help. If you choose, please feel free to contact me.

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Answered on 1/28/04, 7:22 pm
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Calculating a settlement

You are the only one to know what kind of settlement would satisfy you. Good luck!

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Answered on 1/29/04, 7:40 am

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