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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was in a car accident almost three years ago. We are headed

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I was in a car accident almost three years ago. We are headed for mediation in a month or so. I suffered a torn labrum in my hip which required surgery and months of PT. My surgeon said that I will need a future hip replacement which he related to the accident in the impairment evaluation. He gave me a 10% whole body permanent disability. I have had about $75,000 in medical bills already. I still have pain and will need medication to deal with this until I absolutely need the replacement. The future medical will be about $80,000. I have lost wages of about $20,000 and future lost wages of about $20,000 also. My attorney has not given me any idea of what a fair settlement will be and he avoids the question when I ask. So, my question is what is a range I should be looking for? Thanks!

Thank you for your question.

A settlement asks both sides to compromise. When a case settles, generally neither side gets what they really want. You should understand this going into the mediation and temper your expectations accordingly.

Based on what you have communicated above, you have hard economic damages in the amount of approximately $200,000.00. Thus, your base for what you can be expecting the other side to offer coming out the door is probably under that. There might be insurance policy limit problems in your case as well, which places a separate dynamic into the negotiation. You have not related what the Defendant's insurance policy limits are, so I am not able to analyze that issue for you.

That being said, based on your hard economics of $200,000.00, a fair first demand amount would be $600,000.00 or higher. Thus, the range of your expected settlement should be somewhere between $150,000.00 to $300,000.00.

I give you this range without any knowledge regarding the strength of your case or your medical history or work history. This is just an estimate based on the numbers you have provided me.

I hope this helps you prepare and wish you luck settling your case. Please let me know if you have further questions. Please also consider rating my answer positively so that I am compensated by the website for my work on your question.

Customer: replied 4 years ago.

The defendant did accept fault. I also should have mentioned that it was a construction vehicle working on a road project. He did a u-turn in front of us from the right lane of a divided highway attempting to cross the grass median. There is a $1,000,000 policy limit. Does this clarify? Thanks again

With a policy limit that high and the consideration that you will permanent impairment in your hip, I think they are going to try and keep their settlement under $500,000.00. I would not be surprised if it does not settle at your mediation and you have to continue pressing towards trial. Again, this is just my impression based on what you've told me.
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