Seeking legal advice for an accident *pics*

[CaptaiN_JacK]

*warning: some pictures are somewhat graphic*

Some of you may remember a thread I made a while back I made about a car accident I was in. I'm asking pretty much the exact same question, except this time I only want the opinions of professionals of law (i'm cheap and don't want to pay 5 diff. lawyers the simple question of "how much should I go for?". (this is the last time I'll ask, I promise) First, the details:

I was in a car accident December 17 of 2003, and I was 16 at the time (Dec. 21 is my b-day) and he was 15 (farmers permit i believe). It was a coudly day, NO snow, NO ice, NO rain, NO fog, absolutley clear visibility. It was on a country road (55 mph). I was driving a 1996? Chevy Blazer alone, the other driver was driving a newer (1998+) extended cab pickup (lucky me) without passengers. I was going south @ 60 mph, he was going west at (police estimate) 45 mph, he ran a stop sign and hit my drivers side. The crossroads were surrounded by fields, so there were absolutely no vision impairments (no trees, no bushes, etc).

I blacked out instantly, and wandered in and out of consciousness for the next couple of hours. He suffered a couple of scratches. Paramedics arrived very soon after the accident and brought me to the hospital (about 5 mins away). I was in intensive care for 3 days, and normal hospital for another 3 days (fairly certain).

The injuries (and some treatment):
-Laceration on forehead about 5 inches long. Needed 16 staples to close the wound.
-2 IV's, one in each arm
-2 inch gash under chin (deep), required a lot of stitches.
-broken left collarbone
-partially collapsed lung (I had a tube inserted into my lung to drain out blood and keep it inflated fully, the tube went in about 10 inches and was connected to a small machine. After I left the tube was kept in and it was attached to a small tube which helped drain the blood a little more)
-Bruised spleen
-A lot of painkillers in the hospital (morphine and some other generic drugs)

I attached some pictures (because what is an accident thread without pics???), the first a little diagram of the crash and some others of the car and myself in the hospital (some are graphic).

The insurance company just sent me a letter today saying they will settle for $60,000, but it is still negotiable. So, what should I do?

*please post only if you know what you are talking about. Unless you know the law or know of a case that is comparable to mine, please don't clutter the thread.

[CaptaiN_JacK]

More pics (and much thanks for any advice given):

[dj89]

Have you lost any work form not being able to do any thing? You should be geting well over 60,000. The car was were i'm gestmating 7,000-9,000. So, you are geting 50,000 for what you have lost of your life, and bills you need to pay off.


Edit, you blazer is a 1997 or newer. It may be a 1996. I had a 1994 and it was a tank, nothing like yours.

[Lohman446]

Ask a lawyer - most of the time the first consulation is free. If they can get you more than 100K and take a 20% cut then it is worth doing - make certain that you have an agreement wtih whichever takes your case that you will receive at least 60K after there cut and they can have there contigency fee (generally a percentage) of the final agreement, provided you get at least 60K

[Will Wood]

Well my freind has about a 2 inch cut slightly above his eyes. He got 10k for that.
Considering he was in and out in a day, and the scar is hardly visable, comparing that to you, I'd say you should aim pretty darn high.
Like posted above, yea, just take the hit, still getting a good amount, is a getting a good amount (post bills, unless that's not covered too).

[Kevmaster]

I know you dont wanta to pay for advise, but I can tell you that listening to us will NOT be good legal advise. it will problaby not help. Good advise we have is to go see a lawyer. However, i know thats what you don't want to do, so I'm going to shut up.

[Army]

Settle for all medical bills, and future medical appointments, replacement of your vehicle. If you try for more, usually you won't get it.

Despite the police confirming that he ran the stop sign, in court it will come down to "I said, he said" because of no eye witnesses. Continuing with a court case will only make your lawyer more wealthy. Settlements nearly always go to the injured party (you), court decisions may not....especially if his lawyer is a bastard.

Just my opinion though.

[gimp]

Well, I can't offer any legal advice, but I will say this. That cut in your chin is nasty!!! That must sting pretty bad.

I just had the surgery to fix my indented chest over winter break. I had the drainage tubes in my lungs too. When I could walk again I had to carry two pumps around with me. It feels weird when they pull the tube out huh? I thought they were only in my lungs like an inch or two. I was pretty suprised when they pulled out like 10 inches worth of bloody tube. I thought I had a picture with the tubes in, but I don't

Glad your ok now!

[CaptaiN_JacK]

I know you dont wanta to pay for advise, but I can tell you that listening to us will NOT be good legal advise. it will problaby not help. Good advise we have is to go see a lawyer. However, i know thats what you don't want to do, so I'm going to shut up.

I have already consulted with a lawyer, but I was hoping to get a good idea of what I should go for if I were to settle out of court without a lawyer. I just figure that any lawyer that I talk to will have a biased opinion, since they want the case and the money from the settlement. I should have said that in my first post, my mistake.

And I didn't miss any work because of this accident (no job, it was my sister's car).

Edit: and I REALLY want to settle this out-of-court, Army pretty much nailed all of my reasons for wanting to do so.

And I know AO isn't the best place to look for legal advice, especially in this kind of case, but I know that there are some lawyers that browse the forums, so I'm hoping to get at least a couple of educated figures to shoot for.

[Lohman446]

I have already consulted with a lawyer, but I was hoping to get a good idea of what I should go for if I were to settle out of court without a lawyer. I just figure that any lawyer that I talk to will have a biased opinion, since they want the case and the money from the settlement. I should have said that in my first post, my mistake.

And I didn't miss any work because of this accident (no job, it was my sister's car).

Edit: and I REALLY want to settle this out-of-court, Army pretty much nailed all of my reasons for wanting to do so.

And I know AO isn't the best place to look for legal advice, especially in this kind of case, but I know that there are some lawyers that browse the forums, so I'm hoping to get at least a couple of educated figures to shoot for.

I do not advise settling without a lawyer. that being said, if they told you it was negotiable, make a counter offer. The problem without a lawyer - do you know there are no further problems that are going to show up and take from the money you got? Are you protected against long term care if it becomes needed? These are things a lawyer can help answer, or have doctors review. that being said.. they used the word negotiable for a reason, they intend to raise it I assume

[CaptaiN_JacK]

It feels weird when they pull the tube out huh? I thought they were only in my lungs like an inch or two. I was pretty suprised when they pulled out like 10 inches worth of bloody tube.

I was really nervous when the time came for the tube to be removed. I closed my eyes, quick said wait, opened up my eyes, and it was out! I was like, wtf mate? I thought it would hurt? It felt weird, I can't even describe the feeling. He asked me if I wanted to keep the tube...I was like, ummm, proooobably not....

Edit:

I do not advise settling without a lawyer. that being said, if they told you it was negotiable, make a counter offer. The problem without a lawyer - do you know there are no further problems that are going to show up and take from the money you got? Are you protected against long term care if it becomes needed? These are things a lawyer can help answer, or have doctors review. that being said.. they used the word negotiable for a reason, they intend to raise it I assume

The problem with a lawyer is that they take so damn much of the money for not doing much! As for future problems, all the doctors I have seen have all told me the same thing: I can get plastic surgery if I want (which I am on the chin), and everything else will be fine (the only thing that has a small chance of ahving something go wrong with it is my lung, but I doubt anything will happen). The insurance company hates lawyers, I'm not too fond of them, so I think I have the upper hand a tiny bit. If they are being pricks during the negotiations, I'll throw a subtle hint about getting lawyers involved. Then let's see what they do

[dj89]

Just tell them why you think $150,000 would be good for you. Than if they say no how about 100,000. You think about it and call it a deal. I'm just saying some numbers .

[fullxcollapse17]

are you still suffering from some of these injuries? pain and suffering is set at 1 cent for every second of pain you may endure. If you are, sue him for pain and suffering among many other things, 60,000 isn't enough if you're in it for money, especially when you could get a solid 250,000 alone for injuries alone.

Then you go into Negligence. Four elements of Neglignes include;

Duty: His duty was to provide safe driving for you, along with any other drivers that may be on the road.

Breach of Duty : Running the stop sign causing you severe damages.

Causation : Direct causation by running the stop sign (Direct Causation a.k.a defacto or cause infact means that the defendants behavior directly caused the plaintiff (you) harm).

Damages : Pain and Suffering, Medical Bills, Damages to Car.

The Collateral Source Rule states that the defendant is responsible for actual amount of damages caused, not the plaintiffs cost. So obviously, 60,000 is not enough. It looks like you could walk away with atleast 1 million from this.

MORE!

The Reasonable Person Standard is applied to the defendants behavior. This is where you can really get him. The Reasonable Person Standard has three parts.

Liklihood Harm/ Injury would Occur: When he ran the stop sign, the risk of injury is extremely high. (Good for you when it comes to a law suit)

Serious Harm: If infact he does run the stop sign the chance of the damages at the given speeds you stated is also very high. The damages caused were very serious.

Potential Cost to Eliminate Harm: this is honestly one of the only things that matters. The defendants cost to eliminate the chance of causing you and harm is MINIMAL. That is all you need. All he had to do was step on the break which would not cost hima single penny.

You definitely have a case here, I would not settle for $60,000. I know this is just a bunch of random information, and you probably have no idea what the hell I'm talking about, but i hope some of this was some help.


Hope things turn out for the best,
-Mike

[MarkM]

Go see a lawyer...that head wound looks bad as it is still fresh but considering where it is below the hairline you will have that for life...the chin same thing.....the insurrance company for the other guy is trying their luck with $60k but since we are all armchair lawyers see the real thing...the post above means sounds like someone has had something similar happen to them or is studying this stuff.

Just re read your post on the dates...got any pics of the scars now....court will want that before they procede..I know they can actually see you but they may not need to.
I got $4000 ish a long while back for a torn ankle ligament from a missing paving slab that I fell into. The longest part of it was getting the correct person to admit who owned the paved area, once that was done it was straight forward and I used a lawyer who was paid for on top of my money. I do still get the odd twinge from the ankle and wear high tops boots when playing paintball because of this...the accident for me was 13yrs ago so bear this in mind that you are taking whatever is offered as a final payment. Do you still have any problems from the collapsed lung, if so you need doctors notes etc but then a lawyer will tell you this.

[Glickman]

3 days?

i would look for alteast 100k