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Is it time to get a new Layer for MVA case? (Accidents & Personal Injury Law)

Wed, 14 Feb 2001 13:21:00 GMT


Wisconsin auto accident May 2000, a driver ticketed for failure to control vehicle, spun out on freeway on ramp into my lane where I T-boned her at 60mph while returning from a business trip. Totaled my car (ins co paid off), I suffered sternal fracture.
Asked advice of Lawyer from church, he said take care of medical issues and settlement starts after healed and bills are in. Thats now.
Medical expenses $5,300. Workmans comp paid $1,900 for wages. Other losses $800. I was on heavy pain meds 5 weeks, returned to light duty after 7 weeks, Doc said light duty to 8 weeks., normal after 12 weeks.
This Lawyer spoke of 3 times medical & specials, Ins co offered $15,500 (I must repay all leans out of that). My Lawyer doesnt seem to be very aggressive, has done nothing but a few letters, and Im afraid he is too passive to get a good settlement. I never planed on using him for a trial, just for quick (fair) settlement without the 30-40% fee, but now ins co is low-balling.
Questions: What might be a "fair" settlement? There was a LOT of pain. Is punitive damage appropriate? Should I send a letter of bad faith? I'm looking for $35,000 net, so if I use a better personal injury Lawyer is that reasonable after the 40% fee? All advise welcome.

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  • Sat, 24 Feb 2001 16:58:00 GMT(1)
  • Thanks for the reply.
    Lost wages of $1800 were covered by workmans comp.
    Pain treated with morphine meds lasted 6 weeks.
    Unable to resume regular work duties (service manager/field service engineer)for 8 weeks. Recommended recovery time 12 weeks.
    The sternum injury could cause future problems to the aorta. My doctor indicated there is no problem evident now and related future problems cannot be preddicted.
    When replacing my car I was very converned to get all the safety features (cost 8,000 more than the wrecked car). I'm uncomfortable to say the least, on wet or icy congested roads. I don't know if this is what would be considered phycological damage.
    Im not looking for the lottery, rather what is fair. I just don't want to be taken advantage of.
    Attorneys I have called don't want to discuss it until I fire my current Lawyer.
    Any further comments? Thanks!
  • Sun, 18 Feb 2001 01:09:00 GMT(2)
  • First, an accident is NOT the lottery.
    Second, you have the right to change lawyers at any time for any reason or none at all. The new lawyer will pay the old when the judgement or settlement is collected.
    Third, there is no mention loss of income, possible permanent residual damages, scars, psychological damages, etc. and as you did not mention them I have no idea if the out of pockets are high or low, of if the offer is reasonable or not, (and what is reasonable varies by state and county) or if the insurance company thinks you are not the kind of person juries like, or thinks your lawyer is a rookie or out of his field, or what.
    Go to a new lawyer and get a second opinion. But expecting $35k net because you want that much is not realsitic as a way to proceed. It may be way too much, or not enough.
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