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How much will I receive from my settlement? OT encouraged

3,834 187 October 26, 2010 at 04:15 PM in Video Games
SO I was in a car accident a few years back, and yada yada, I have a permanent injury to my hip flexor area. It inhibits my ability to exercise the way I used to, it hurts after sex Mad !!!! and sometimes it pops/clicks when I walk. It is not debilitating. I did not lose an arm or become deformed from this. I am not in a wheelchair and I didn't lose my job over this injury. However, its a pain in the ass and I'm upset that it can never go away.

So after 1/3 of it goes to legal fees, lets make bets on how much I get out of it.

Before it was deemed permanent I was offered 18k (Or about that) before the 1/3 was taken out. I'll update this if I ever get money.
And no, I am not loaning any of you money! laugh out loud

(If anyone remembers my thread about what you would do with a large amount of money if you won it, that is what this was about)

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> bubble2 1,883 Posts
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Claudia365
10-28-2010 at 05:48 AM.
10-28-2010 at 05:48 AM.
Quote from patrossi2004 :
here it is...when you go to settle...make sure your lawyer makes the stipulation of medical bills covered separate from you cash settlement... First this is something your lawyer can not claim as part of his 1/3 ...second this is NOT TAXABLE in any state.....( unless the rules have changed and I don't have my info current) It is just the smart thing to do...you will not see the money for medical as it will be paid directly to the institutions...BUT it also should NOT be considered part of your settlement...
AND your lawyer has no right to claim any part of that.... Just a word to the wise.....I had a claim ...well it was a while back now ...BUT a friend of mine ( who is a lawyer) told me about some of the inner stuff... Good Luck...I would never want to go thru that again !!

Oh but mine was NOT a car accident either...I was in a store and a kid on a fork lift dropped cabinets on my head...(SERIOUSLY)...Really Hurt ..stupid kid !!
My niece is getting her medical bills paid through the insurance co. and the remainder are being paid by her insurance. OP needs to get that in his settlement contract otherwise he/she can kiss the money goodbye.Embarrassment
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Live Like No One Else
> bubble2 8,512 Posts
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stealth
10-28-2010 at 07:23 AM.
10-28-2010 at 07:23 AM.
OP, first, the attorney should tell you what "ball-park" he is looking at. Based on other cases, he should have a general idea of what the injury is worth.

Personally, if you're 24, and this affects MAJOR life events like sex, exercise and walking, seriously! for the rest of your life? I would think that would be worth 200k easy. You don't want your attorney to take a lessor amount just to get a settlement. Get the max now, because later you can't come back and get more. You never know how this injury will get aggravated when you get older. I think it is too late to get another attorney at this stage, but you should be talking to him about amounts, and let him know you want the max possible, as you will be the one dealing with this forever. There is risk whenever you go to jury trial, but if your case is open/shut, you should get the max you can. Most likely, they will deny up until your actual court date, and then try to settle out of court. You deserve quite a bit if you ask me.

Quote from patrossi2004 :
here it is...when you go to settle...make sure your lawyer makes the stipulation of medical bills covered separate from you cash settlement... First this is something your lawyer can not claim as part of his 1/3 ...second this is NOT TAXABLE in any state.....( unless the rules have changed and I don't have my info current) It is just the smart thing to do...you will not see the money for medical as it will be paid directly to the institutions...BUT it also should NOT be considered part of your settlement...
AND your lawyer has no right to claim any part of that.... Just a word to the wise.....I had a claim ...well it was a while back now ...BUT a friend of mine ( who is a lawyer) told me about some of the inner stuff... Good Luck...I would never want to go thru that again !!

Oh but mine was NOT a car accident either...I was in a store and a kid on a fork lift dropped cabinets on my head...(SERIOUSLY)...Really Hurt ..stupid kid !!
Iagree
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Last edited by stealth October 28, 2010 at 07:24 AM.
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redmaxx
10-28-2010 at 10:16 AM.
10-28-2010 at 10:16 AM.
I have to echo the comments about getting as much as you can now. My mom was injured in a K-Mart many, many years ago. They were quick to settle for her medical bills and little else as quickly as they could. Being unexperienced with insurance companies at the time and wanting to get it over with, she settled. Fast forward 20 years and she lives with an arm she can hardly use because of accumulated rotator cuff damage. That accident started a snowball that gradually led to a near total tearing of her rotator cuff. She had surgery to get it repaired, but that only restored some use and she's now back to where she was prior to surgery.

Get as much as you can now, because they won't care later on when you discover that there was more to this injury than you thought at first.
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Joined May 2006
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> bubble2 3,834 Posts
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Original Poster
UTR
10-28-2010 at 01:55 PM.
10-28-2010 at 01:55 PM.
ok.. this is scaring me
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Clivefrog
10-28-2010 at 02:00 PM.
10-28-2010 at 02:00 PM.
Quote from UTR :
ok.. this is scaring me
happy halloween?
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Piccaboo
10-28-2010 at 02:17 PM.
10-28-2010 at 02:17 PM.
Quote from patrossi2004 :
here it is...when you go to settle...make sure your lawyer makes the stipulation of medical bills covered separate from you cash settlement... First this is something your lawyer can not claim as part of his 1/3 ...second this is NOT TAXABLE in any state.....( unless the rules have changed and I don't have my info current) It is just the smart thing to do...you will not see the money for medical as it will be paid directly to the institutions...BUT it also should NOT be considered part of your settlement...
AND your lawyer has no right to claim any part of that.... Just a word to the wise.....I had a claim ...well it was a while back now ...BUT a friend of mine ( who is a lawyer) told me about some of the inner stuff... Good Luck...I would never want to go thru that again !!

Oh but mine was NOT a car accident either...I was in a store and a kid on a fork lift dropped cabinets on my head...(SERIOUSLY)...Really Hurt ..stupid kid !!
She has already signed an agreement with her Attorney as to what the conditions will be for "payout" - and as I stated he/she will take 1/3, plus costs, and from that remaining amount her outstanding medical bills will be paid - that have not been paid, and she gets the rest that is left. Unless she negotiated that ahead of time, which I highly doubt, it is too late now to change that factor - papers have already been signed from the very beginning. See it pays to read that book and know what is what, a lawyer friend of yours can tell you the inside scoop after the fact - but she is at the end stage negotiation now - where they have her medical bills - doctor's reports - and even with the fact that one now states permanent damage - they will most likely send her to "their own Ins. Co. Doctor" to refute that claim - and back to square one they are with their original amount - unless "her" attorney would like to take the case to Court for further damages. You are correct, the settlement amount she receives, what there is of it, is non-taxable. If you end up in Court, expect it to take years for it to be settled. If not Court, it would go to Arbitration, and that is not much better, so walk for us, let's hear that hip "click/pop". Prove it's permanent for us. I know someone whom went thru Arbitration, and ended up with $10k looking for a lot more, and after attorney's 1/3, and costs, yep, they ended up with about $3k.

You are not playing with the stacked deck you think you are - you never are when Automotive Ins. Co.'s are involved. Your Attorney better be a REAL SHARK handling this case!!!!
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handyguy
10-28-2010 at 03:03 PM.
10-28-2010 at 03:03 PM.
My brother does insurance calculations to figure out how much an arm or leg is worth. Or how much what happened to you impacts your life & how much you should get for that. That's not a lawyer's job as he is not a lawyer. Dunno why everyone suggests getting a lawyer when the real money comes from the person who calculates what you should get.....BTW, one time a check came to his office & I answered the door & it was for like $4M ......wow.
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Piccaboo
10-28-2010 at 04:22 PM.
10-28-2010 at 04:22 PM.
Quote from handyguy :
My brother does insurance calculations to figure out how much an arm or leg is worth. Or how much what happened to you impacts your life & how much you should get for that. That's not a lawyer's job as he is not a lawyer. Dunno why everyone suggests getting a lawyer when the real money comes from the person who calculates what you should get.....BTW, one time a check came to his office & I answered the door & it was for like $4M ......wow.
That person is a Claim Calculator - and they use a percentage factor - which again is listed in a particular book anyone can buy off the shelf at Barnes & Noble or any other book store. This is not rocket science - it's based on very specific information - and yes Lawyer's do know to some extent what a claim "maybe worth" - and they too have the formula's as well with the percentage factor's. A Claim Calculator will go over every single detail of the case they are involved with to determine the "worth of the claim".

For example:

In the case of a personal injury, the party at fault must pay for the following:

Medical costs
Income lost during treatment and aftercare
Income lost due to the injury when the individual goes back to work (if at all).
Compensation due to stress, loss of experiences, missed special events, depression and anxiety.

The formula that most insurance companies use for calculating the damages starts with computing the medical special damages, which are the total medical expenses incurred as a result of the personal injury. This is used a base figure, to which are added the general damages, which relate to suffering, depression and other nonmonetary claims.

In the case of personal injury claim in which the injuries are not too severe, the formula used by insurance companies is:

personal injury compensation = (special damages x 1.5) + income lost as a result of the injury)

In the case of a personal injury claim in which the injuries are severe and lead to a lot of nonmonetary loss (such as stress, depression, anxiety, lost experiences etc.), the formula used by insurance companies is:

personal injury compensation = (special damages x 5) + income lost as a result of the injury

In the case of a personal injury claim in which the injuries are extremely severe and lead to excessive nonmonetary loss (such as stress, depression, anxiety, lost experiences etc.), the formula used by insurance companies could even be:

personal injury compensation = (special damages x 10) + income lost as a result of the injury


It's all based on percentages - as well as the severity of the damage - as well as the medical bills - as well as lost time from work - as well as many other factors. But an Automotive Insurance Company will fight tooth and nail NOT to pay anymore than they need to. Going as far as taking Depositions to eye up the Claimant to see how they would stand up for a Jury Trial (their demeanor - can the opposing Attorney rattle them) and/or whether or not they should go to Arbitration instead, if need be, rather than take the chance of a Jury Trial.
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Just Peachy
10-28-2010 at 04:40 PM.
10-28-2010 at 04:40 PM.
Bigeye

I don't know about anyone else but if I ever need advice on medical injury claims, I'm going to Picca. nod
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Piccaboo
10-28-2010 at 05:10 PM.
10-28-2010 at 05:10 PM.
Quote from Peachyum :
Bigeye

I don't know about anyone else but if I ever need advice on medical injury claims, I'm going to Picca. nod
And, I would only bill you for Trader Joe's Chocolate Covered Pomegranate's woot woot
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CQ1
10-28-2010 at 05:35 PM.
10-28-2010 at 05:35 PM.
Quote from UTR :
ok.. this is scaring me
it should...afterall

think it through

where is the equity

when an actor pays an adult personality 12K for <24 hours

pleasure vs. pain
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> bubble2 3,834 Posts
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Original Poster
UTR
10-28-2010 at 07:42 PM.
10-28-2010 at 07:42 PM.
So.. What should I do, then?
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Original Poster
UTR
10-29-2010 at 10:11 AM.
10-29-2010 at 10:11 AM.
I received the DR report..

Mild posttraumatic left knee chondromalacia patellae
left hip strain
left with mild tendinitis in the region of the origion of the hip flexors in the area of the
anterosuperior iliac spine. Crepitus?
mild peripatellar knee pain

Those are notes I made about things he wrote. I am not comfortable quoting or posting any of his letter.
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> bubble2 41,588 Posts
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SDRebel
10-29-2010 at 10:16 AM.
10-29-2010 at 10:16 AM.
Quote from IVIax :
Mad
Wave

he's saying you are #1 Roll
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SDRebel
10-29-2010 at 10:43 AM.
10-29-2010 at 10:43 AM.
Quote from UTR :
I received the DR report..

Mild posttraumatic left knee chondromalacia patellae
left hip strain
left with mild tendinitis in the region of the origion of the hip flexors in the area of the
anterosuperior iliac spine. Crepitus?
mild peripatellar knee pain

Those are notes I made about things he wrote. I am not comfortable quoting or posting any of his letter.
ouch...make you sure get a lot more money...don't settle easily, they'll always try to give you less, much less of what you deserve
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