what would be an average settlementin CT fora young college studentwho was in a Car Accident, not hisfault i anyway, and suffered a cocussion with about two weeks of headaches, nausea, some lack of focus. no MRI signs of bleeding or anything else and after 6 months feels fine with no edxacerbations. However, this was his second concussion, first one was sports related. his brother took him to the emergency room after about an hour after the accident.
State/Country relating to question: Connecticut
negotiating with insurance company and we are far apart.
Hello, and thank you for contacting Just Answer. Unfortunately, there is no way for me to give you a hard number, there are just too many factors to consider in the context of a site like this to give a number (it would arguably be unethical to do so). Having said that, what I can say are that there are a number of factors to consider prior to accepting a settlement:(1) The costs and risks of litigation. While a lawsuit may be possible, a potential plaintiff needs to consider the risk of losing as well. Ultimately, whether or not a plaintiff is willing to litigate greatly effects how much they will be willing to take. Also here consider whether a jury or judge could in fact find fault with the plaintiff even if they do not believe they were at fault. (2) What the actual damages are, and what they could be. When there is a physical injury the potential plaintiff may consider both the immediate medical costs and any potential long term damages (such that a concussion could involve). Also, consider damage to the vehicle, whether it was repairable, what it cost to repair, etc.Generally, a settlement in the thousands rather than hundreds would seem appropriate where there is significant damages to the car, and significant costs stemming from an emergency room visit with a concussion diagnosis. Again, there is no way to give a hard and fast number, that would require a consultation with an attorney licensed in Connecticut and in confidence after reviewing all of the details of the situation. However, given that there was both physical damage to the vehicle (presumably) and actual compensable medical damages (a concussion not being a small thing ), a settlement should fairly compensate the potential plaintiff for the damages they were subjected to. I hope this helps, and let me know if you have any further questions or if I can clarify my answer in any way. Otherwise, please remember to rate my answer at or above "GOT THE JOB DONE" or (3 out 5) so that I can receive credit for my work. Take care
I see that you rated my answer as "expected more". Was there further information that I can provide that you did not receive? I am happy to answer any further questions or to clarify my answer.
medical costs of around $8,000.00 were all covered by his own insurance through his auto carrier. He didneed a new car but was more than fairly reimbursed. My only question is regarding the personal injury portion, since there is so much unknown potentialsfor him should he suffer concussion number3in the future. Hopefully he won't and he wantsbto settle now. I do not want his youth andimpatience to have the resukt of shorting him. There must be a statistical data base of average out-of-court settlements forrr similar situations. That is what I am interested in knowing, at least a somewhat tight range. He would not be considered at fault in any court because there were three oother people who can testify the driver at fault also passed them on the right. The person in question had his signal on and was going to enter a parking lot so he coulkd text legally while not driving. He was turning legally and nnot speeding or anything, and in a turning lane.
no- if you are a personal injury attorney with 20 years experience I would expect more than the obvious. I am looking for a number that most PI lawyers woud feel satisfied with.
no- if you are a personal injury attorney with 20 years experience I would expect more than the obvious. I am looking for a number that most PI lawyers woud feel satisfied with. attorneys for the plaintiff, by the way.
That is certainly a fair question. My concern, however, is that I give you a number and it is nowhere near what you could actually get, or ends up being well bellow the amount that could have been received. Ultimately, any attorney that gives you a hard and fast number is XXXXX a prediction they really cannot make. Here is what I can tell you, In 2010, there was a study completed (I cannot find the name of the company but I recall this making a splash) that the median jury award amount for a personal injury case was $40,000, and that at trial plaintiffs won aprox 48 % of the time. The problem with having a similar number for settlements is that settlements are usually kept private (in fact most settlements have a clause in the agreement that prohibits either party from discussing the settlement terms with anyone). The Bureau of Justice Statistics did put out a median nationwide settlement number of $31,000 after attempting to study the nations 75 most populous counties, but they included the same caveats that I am including now, and was taken in 2005, so the number may be a little different today. The reason I wouldn't want you to latch on to that number is XXXXX (1) an average is effected by both the very low settlement and the very high settlements, with very different fact patterns, and (2) it is a median only, and does not take in to consideration the individual facts of a case.I would certainly agree that you do not want to short your son, and so pushing up the number in light of potential long term complications is fine. However, I cannot give you a hard and fast number, that is just not possible to do (I wish that I could). If you really do want a ballpark to work with, the best I can give you is the $31,000 national average for personal injury settlements, with the caveats given above. I certainly do not want you to walk away feeling like you did not receive a good honest, but I also have an obligation to give you an honest answer as well, I certainly do not just want to throw a number at you so that you will walk away happy because it is unlikely to be accurate.I hope this helps further, but do let me know if you need further information or clarification. Otherwise, please remember to rate my answer higher so that I can receive credit for my work (3 out of 5 is required in order for me to receive credit).
that was a little more helpful. do you know if there is a study for average settlements for concussions that donot at the moment have observable effects butobly two months of symptoms, and the potential future sequelae beingthe most determining factor in settlement or award?
I am not aware of such a study, and truth be told that would be an amazingly specific study for anyone to undertake. I cannot promise that such a study has never been, done obviously there are lots of studies out there and I cannot know every one, but I am not aware of one and I am not finding one after searching for it. Again, part of the problem with even attempting a study like that is that there are too many variables on a case by case basis to make the study findings have any real world applications. Severity of the concussion would be a factor, the age of the victim would be a factor, the angle of impact could be a factor, prior health issues are always a factor, and the list goes on. Even whether or not the potential plaintiff is represented by an attorney or not can effect the settlement number. This is the part of the law that is unfortunately more of an art than a science, and I certainly understand why that can be frustrating. Unfortunately, very rarely are we able to stick cases in to a formula, however much people would like that, and I can understand why you would. It can be incredibly frustrating trying to put a number on physical injuries once we leave the realm of immediate medical care, so I can understand why you would be looking for a number. Ultimately, however, I am not aware of any study that has measured something as specific as what you are looking for, and the most recent number I could find for averages was the 2005 study that I gave you, which had the national average at $31,000.I really do wish that I could give you a number more specific to the situation, but as I said before, I also do not want to lie to you just so you walk away happy. I am not aware of a study as specific as dealing with specific types of injuries without observable effects, and as such, the best number I can give you is the $31,000.I hope that this helps clarify the issue for you, but if you would like further follow up please reply rather than rating again. If, however, you believe I have answered your question to the best of my ability, please do rate my answer at least a 3 out of 5 so that I can receive credit for my work.
without holding you responsible in any way, given the info I have given you already, not other health problems except occasional asthma since birth, what would you feel good about accepting?
Keeping in mind that this is in no way legal advice and that this is an informational only site, and consulting with an attorney licensed in your state in person is the only way to get proper legal advice, generally where there is no evidence of long term damage after 6 months and reimbursement for the vehicle has already been given, a settlement covering the medical expenses (Even if it was not out of pocket) plus a small amount for potential future unknown injury, would put you in the ball park of aprox. $15,000. Again, that is just based on the information provided, and considering there are no obvious long term medical needs and the goal is to not have to go to court, that would be a number that I would be comfortable with. Having said that, I am going to repeat what I said before, that without having an opportunity to review medical charts, to consult with potential expert witnesses about long term health problems, without an opportunity to speak to the victim and get a sense of what type of witness he would be, that is just a number pulled out of thin air. I have heard of people with more significant injuries get nothing at trial, and I have known people with arguably less severe injuries get more in settlement, but that is a number that I would think both parties might find reasonable to get the case resolved and gone. I hope this helps further, and let me know if you have any further questions. If you do have further questions, please just reply without rating, I am happy to assist you. Otherwise, if your questions have been answered, please remember to rate my answer above a 3/5, so that I can receive credit for my work.
Licensed to practice law, I gained experience in personal injury law working for the CTA
I am following up to see if you have any new questions that need answering. I hope this follow up finds you well.
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