Legal Question in Personal Injury in Oklahoma

Average liability settlement

I was rearended by a semi. It was his fault. I have had to have surgery with two disk being removed and bone taken out of my hip to fuse where disk were taken out. I also had to have a titanium plate put in over the fusion. There is a possibility I will have light to moderate pain for the rest of my life. All Dr bills as of now are about $60,000. I have missed alot of work due to this, my husband has also missed work, I have had to front some of the money that has really put us in a bind. This happened before Christmas and I was unable to work so my kids had a really skimpy Christmas. I guess what I am trying to say is that our family life has really taken a drasstic change and it has been ruff on all of us. I need to know what kind of settlement would be fair in a case like this???? I would appreciate any help you could give me. Thanks alot.

Asked on 4/08/02, 8:17 pm

3 Answers from Attorneys

Re: Average liability settlement

Your settlement value will depend on several things. First, who the insurer is. There are several insurance companies in Oklahoma who are demanding that all cases go to trial, whether they owe the injured party or not.

If you have a company that knows that it is liable, and will pay your settlement, you will be looking at an average of three times your actual damages. You will need to document all of your damages. You will need documentation on all of your medical bills, all pharmacy bills, all missed work for you and for your husband. You will also need some sort of documentation from your doctor, indicating that you needed your husband to stay home with you to care for you.

Don't be surprised if you have to take your case to trial. That is just something that is happening in Oklahoma right now. I wish you the best of luck in settling your case to your satisfaction.

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Answered on 4/09/02, 1:35 am

Kurt Kennedy Kurt M. Kennedy,Attorney at Law

Re: Average liability settlement

Many factors affect the valuation of your damages. These include: medical treatment and cost-both past and future, extent of any disability(occupational,recreational & domestic as well as any emotional or psychological effects), pain and suffering, lost income(both yours and your husband's if it was due to his having to take care of you), anticipated future lost income, circumstances surrounding the cause of the accident, the amount of insurance coverage on the semi, the driving record of the semi driver, involvement of any other vehicles, the completeness and accuracy of the accident report, the location of the accident, your willingness to hold out for the best possible settlement- even if that means going to trial... I think you get the picture.

There are a multitude of factors that influence the "value" of an injury. To suggest a dollar amount to you without knowing a lot more about your particular situation would do you a disservice. Please hire a competent attorney to represent you. You are entitled to significant compensation and a good attorney working for you will be able to maximize your recovery.

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Answered on 4/10/02, 11:11 am
Hunt John

Re: Average liability settlement

Thank you for your question. From your post it appears that you are probably in your twentys or thirtys but it would be important to know your age, what work you did, whether you can return to the work or will need retraining, and some additional details as to how the pain has affected you since the accident. I would be glad to discuss it further with you by phone 918-744-7440 or by email addressed to [email protected]

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Answered on 4/09/02, 1:14 pm

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