Question

  03/24/12, 3:03 am
What's a ballpark figure that an insurance company might typically have to pay settle a personal injury lawsuit following a vehicle accident that resulted in: -Whiplash neck injury -5 months of physical therapy and related pain/suffering and impact on the person's life and normal activities. In a nutshell, insurance has offered an amount equal to roughly half of the medical bills (on top of the repayment of said accident-related medical bills) and we do not feel this is an adequate sum given the impact on the person's life. Worth going to court over?
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United States   |   Washington  |  Personal Injury and Tort Law
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Answer

Alex Ferguson Says:

Apr 17,2012 4:26 PM

Without knowing additional facts, I can't tell you an actual dollar value for the case. Factors to consider include the total cost of the medical bills, whether the person had any pre-existing injuries, whether the person was previously in any accidents, whether there was any shared fault between the drivers, etc. What I can tell you is that, if there aren't liability issues or previous accidents, you should PROBABLY be able to do better than 1.5 times the medical bills. That being said, I CANNOT tell you whether it is worth pursuing court action in this case until I know more facts. I would suggest talking to a personal injury attorney about the facts of the case. I would be happy to answer any further questions that you have if you'd like to contact me.


Alex Ferguson
Pirtle Ferguson PLLC
1530 Eastlake E Ave,Seattle, WA 98102
206-697-8664
http://www.pirtleferguson.com

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Answer

Steven Shaw Says:

Apr 11,2012 1:08 PM

Your question is a fair one, but even with all of the detail you've provided there isn't enough information to give you a qualified answer. So much goes into an evaluation. Who is the carrier making the offer? What does the damage to the vehicle look like? What kind of objective evidence of injury is there (Whiplash covers a wide array of injuries)? What activities were impacted and in what way? Generally speaking, if you settle a case without an attorney, the value you receive will be lower because the leverage of being able to file a lawsuit is removed. Also, the first offer an insurer makes is rarely the end of their settlement "authority." You might try a few counter offers to drive up the number.


Steven Shaw
Shaw Law Firm
11417 124th Ave NE, Suite 201 A,Kirkland, WA 98033
425-214-4946
http://www.shawfirm.com

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