What is the normal settlement for a personal injury accident?

UPDATED: Dec 1, 2014

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What is the normal settlement for a personal injury accident?

Company paid for vehicle repair and tried to settle bodily injury claim. asked what happens if I have problems later on with my neck, who would pay for it. Told me that once claim was signed by me, they had no more responsibility to pay anymore medical. I offered a higher figure with me signing off accepting to pay additional medical out of my pocket and not the insurance. Medical right now is set at $3,624. Told agent that I wanted 12 plus medical and he says no.

Asked on December 1, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your current medical is $3,624, you're *not* going to get $12,000 plus that medical cost, or almost $16,000--i.e. you're hoping to get 4 times what your medical costs.

Yes, you would be giving up your right to claim for future medical, but you don't even know if you you'll have any. The other side will not pay you money for a mere possibility. If you have a medical diagnosis showing that there will be continuing problems and you'll need continuing treatment at a projected cost of $X, that's different; then you can add that projected cost to your current medical and settle for some portion (often around 25% - 50 or 60%) of that--you always take less in a settlement than you'd get if you went to trial and won, and you do that because you get the money faster, without the cost and uncertainty of trial, and paying less is the incentive for the other side to settle.

But without good medical support for future problems or costs, all you have as provable cost is $3,624, and no one is going to pay you four times that in settlement. If all you have is $3,624 (apologies for the font changing to "bold"-I'm not sure why it did), you might get at most $4,000 or $4,500...that is, your costs plus some small premium for your "pain and suffering."

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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