Dec 22, 2013 · I was in an auto accident. I have $250,000 in liability coverage. My insurance company contacted me and told me that the other party's attorney is requesting $500,000 (thinking that this is my insurance limit). This was done through a demand letter. My insurance company contacted the attorney to tell him that he had the limit wrong on the policy.
Nov 15, 2017 · Based on the calculator method and estimates, we should be using a multiplier of 5-7x (whether that is accurate, I am not sure). For a range, this would be ($22,000 medical bills + $2,500 lost wages + $7,500 future medical + $7,500 future lost wages) ~$40,000. Low End (3x)= $120,000 High End (6x) = $240,000.
A general rule is 75% to 100% higher than what you would actually be satisfied with. For example, if you think your claim is worth between $1,500 and $2,000, make your first demand for $3,000 or $4,000. If you think your claim is worth $4,000 to $5,000, make your first demand for …
Apr 09, 2012 · Defending a car accident lawsuit with insurance provided attorney. I have been named in a car accident lawsuit. I rear ended someone on the freeway in stop and go traffic. The police came but I was not cited. However the other driver called an ambulance. Two years after the accident they filed suit and now two years later it is going to trial.
To arrive at the final number for your demand, review how the personal injury damages formula works. Then plug in the figures for your medical treatment and lost income, and choose a higher or lower range of the formula, whichever is more realistic given a number of key factors:
In the last paragraph of your letter, demand a specific sum of money as total compensation for your pain and suffering, lost income, and other losses (all of which are considered your " damages ").
You should speak directly with your defense attorney. I am sure he must have contacted you about appearing at the trial. He also should have briefed you on what to expect at the Courthouse. It is a little late now to consider hiring your own attorney.
Speaking from over here on the opposite coast and doing primarily plaintiff personal injury cases for more years than I want to admit, the insurance defense counsel nearly always provides a vigorous defense if not an over-the-top defense.
I am surprised that plaintiff's counsel did not depose you, but I am guessing he or she was saving money, believing that a rearend accident is clear, and therefore, unnecessary for deposition.
Speak to your attorney about your concerns and ask him to explain his view on this. I don't think it is necessarily the case that you should have hired your own attorney. In general, the attorney hired by the insurance company should have the same interests and motivation to successfully defend the case as you.
No. That is your insurance companies job. Although it appears they have not properly prepared you for trial, they will talk to you before it begins. Many cases settle at the courthouse.
In personal injury cases, the claimant's damages consist of medical expenses, lost earnings and pain and suffering. The more serious the injuries, the more you are likely to incur significant medical expenses and the more likely you are to be unable to work for a period of time.
The potential for achieving a reasonable pre-suit personal injury settlement will typically depend on two main factors: 1) the nature and extent of your injuries, and 2) the amount of insurance available to compensate you for those injuries. Insurance companies are only on the hook for the dollar limits of their policies, ...
While it may seem unfair that the person with the broken wrist receives a larger insurance settlement than the much more badly injured auto accident victim, this result demonstrates how insurance policy limits can affect your personal injury settlement.
Even though the slip and fall victim has far less in damages than the auto accident victim in the above example, their respective settlements may well be affected by the amount of insurance coverage maintained by the grocery store's owner and the driver of the at-fault vehicle.
In many cases, if your damages exceed the at-fault party's insurance policy limits, your only recourse will be to collect directly from the defendant. This can be hard to do if the defendant does not have cash or assets to pay you.
If you're facing liability and your own insurance company has the opportunity to settle a claim for an amount within the policy limits, but they do not do so, the company might be held liable for the full amount of damages that result from any jury verdict against you.
How Insurance Policy Limits Work. When any kind of liability insurance policy is purchased, there is always a policy limit in place. This refers to the maximum dollar amount the insurance company is responsible for in terms of losses arising from an incident that triggers coverage.
Usually, if an insurance company denies a claim or denies coverage altogether, it has a sound reason for doing so. If the plaintiff didn't have a strong case at all and his or her settlement demands were unreasonable, an insurance company's refusal to settle is not going to equal "bad faith.".
But one thing to keep in mind—especially if you decide to file a personal injury claim —is that insurance companies usually only pay out to the policy limits.
Suing Additional Defendants. Sometimes, more than one party can be held legally and financially responsible for an accident. In many such cases, the different defendants may be said to be "jointly and severally" liable for the whole amount of damages.
Sometimes, more than one party can be held legally and financially responsible for an accident. In many such cases, the different defendants may be said to be "jointly and severally" liable for the whole amount of damages. This would mean that if there were two defendants and each had a policy limit of $50,000, both of those defendant's policies could likely be used to satisfy a $100,000 judgment.
They can also carry very harsh penalties for getting things wrong, such as a strict one-year deadline to file a first-party car accident lawsuit for incurred No-Fault insurance benefits. When it comes to your case, you don’t want to get anything wrong.
What may be a surprise to you is that who your lawyer is for your car accident lawsuit can be the biggest factor of all in determining the size of your injury settlement. Poor communication – The best advice remains the simplest: always feel comfortable calling your lawyer if you have a question.
Importantly, the comparative fault rules also provide that if you were at-fault in causing or contributing to your crash, then the amount of compensation you recover from your car accident lawsuit in Michigan will be reduced by the percentage of fault you were responsible for.
In Michigan, you have three years after an automobile crash to sue for pain and suffering compensation, excess medical benefits and excess economic loss and one year to sue for incurred No-Fault insurance benefits. Any car accident lawsuit filed after these statutes of limitation will be dismissed.
A wrongful death case may have a modified statute of limitations depending on the facts. Michigan’s wrongful death law allows the family of a person who was killed in a crash to bring a wrongful death claim. (MCL 600.2922 (1) and (2)) Specifically, the law requires that this type of car accident lawsuit be brought in the deceased’s name and by ...
All of these changes, for example, changes to a victim’s job status, job duties, job restrictions, salary changes, etc. can have a big impact on a car accident lawsuit. Just as important is letting your lawyer know if you are moving. Remember, the key is always good communication with your attorney.
Here are the 18 biggest mistakes you are most likely to make. Lying about injuries in an automobile crash – This is the number one mistake that injury victims can make. The consequences can be disastrous. It can quite literally kill your car accident lawsuit.
As a personal injury lawyer, the injured person or his/her lawyer needs to know the average settlement value of pain and suffering for different types of injuries. This will allow you to know when to settle without lawsuit, and when to sue.
A couple months after the accident, John complained to an orthopedic doctor about knee pain. Ultimately, the doctor took an MRI of his knee. John had a meniscus tear. Shortly thereafter, the doctor operated on his knee.
The claimant’s witnesses may be a big factor in how much compensation is awarded for pain and suffering. Sometimes the insurance company will speak to witnesses before a lawsuit. The adjuster will decide whether he thinks the witness is honest and credible.
It took countless requests to get his health insurance plan to agree to waive their lien. Since the health insurer waived its lien, the entire settlement was for John’s pain and suffering. As you can see, this is another example where the entire settlement was for pain and suffering.
A common split of pain and suffering damages is one-third for the lawyer, one-third for the medical providers, and one-third for the victim. Your chances of getting over 50% of the settlement in your pocket are highest if you have health insurance.
This is because scars on the face are more noticeable than scars on other parts of the body. In one case, a passenger broke his arm in a car accident. A doctor performed surgery to his arm.
As compared to woman, men typically get less compensation for pain and suffering for a scar. I settled a case for $31,500 for a man after a hotel glass shower door broke and cut his ankle.