Q: Is there a minimum personal injury settlement amount?
A: No, there is no minimum or maximum settlement amount. The
amount of a settlement in a personal injury case depends on
lots of factors, including:
- The nature and extent of the injury,
- The amount of economic
damages (such as lost wages and medical bills)
- The amount
of time the injury is expected to last
If you're trying to put a value on a specific case, it would
be a good idea to check with a lawyer near you.
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Q: Are medical bills included in a bodily injury claim?
A: The term "bodily injury claim" usually refers
to a "personal injury claim". "Economic damages" would
include, but aren't limited to:
- Lost wages
- Medical bills
- Rental car expenses, etc.
General damages include:
- Pain
- Suffering
- Humiliation
- Distress
If you settle your bodily injury claim, it must include all
the types of damages available to you, or you'll likely lose
your right to recover for those losses.
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Q: How do I collect my personal injury award?
A: If the person against whom you have the judgment has insurance,
the easiest thing to do is simply to notify the insurance
company of your judgment (if they're not already aware of
it). The insurance company will usually just write a check
for the damages up to the limit of the insurance policy.
If the person against whom you have the judgment is uninsured,
collecting won't be as easy. You must have the judgment "entered" with
the court and then seek to "enforce" the judgment.
There are actually attorneys who specialize in collecting
judgments, and it would be a good idea to consult with one.
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Q: Can I ask my lawyer for a copy of the personal injury settlement
check?
A: Yes, and you should. As a client you have an absolute right
to see a copy of the settlement check, as well as to review
a copy of the settlement breakdown sheet before the check is
deposited. Usually, the insurance company check has both your
name and your attorney's name on it, so you would typically
have to endorse the check before it could be placed in your
lawyer's trust account. Ask your lawyer to provide you with
a copy of the actual settlement check forwarded to him by the
insurance company, as well as a copy of all checks written
by him (which should total the full amount of the settlement).
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Q: What is a proper contingency fee?
A: An attorney's fee is usually negotiated, and depends on
the complexity of the case, the time at which it settles,
and the anticipated costs that may be invested. In California,
40% is the fee that is typically charged as the maximum fee
if the matter is litigated through trial or arbitration.
The only way to know if your attorney is willing to consider
a lower fee is to ask. If there isn't much of a fault ("liability")
issue, you may be able to find a less expensive lawyer. The
skill and reputation of your lawyer is very important, though.
A 40% fee to a highly skilled, well-respected lawyer will
in all probability yield a higher overall recovery to you
than a 33 1/3% fee with less experienced counsel.
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Q: Do lawyers receive their fee percent before or after the
medical expenses are paid?
A: The attorney's fees paid will be based on the retainer agreement
between you and your lawyer. Read the contract carefully. Some
retainer agreements provide that attorney's fees are calculated
on the gross settlement (before the medical bills are paid)
and some provide for payment of fees after medical expenses
are paid (the "net" amount).
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Q: Can my lawyer settle my personal injury case without my
consent?
A: It's possible that the retainer agreement you signed with
your lawyer allows him to settle the case without your consent
and sign the settlement and release agreement on your behalf.
If your attorney settled the case without your permission,
and you haven't yet signed the settlement and release agreement,
you should tell your lawyer that you don't want to proceed
with the settlement if you're unhappy about it. If a check
has already been forwarded to your lawyer, it's a simple matter
to return the funds.
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Q: Can a health care insurer be repaid from a personal injury
settlement?
A: Yes, it's quite common. Most health insurance policies now
have language that allows the insurance company to be repaid
for the amount paid out on medical bills if the insured person
gets a personal injury settlement. Depending on the law in
your state, your daughter may be able to deduct attorney's
fees and costs from the total amount owed to her health insurer.
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Q: Can I gain access to my child's personal injury settlement
money?
A: A parent usually doesn't have access to a child's settlement
funds. The reason for this is to protect children from parents
who might use the money to benefit themselves, instead of the
child. A court will generally place a child's settlement money
in a "blocked" bank account until the child turns
18. A court will sometimes allow withdrawals from blocked accounts
if the funds are needed for the child's care and well being,
and the court is satisfied the funds will be used to benefit
the minor. You and your lawyer should discuss what expenses
might be paid for with the settlement funds.
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Q: Can I break an annuity from an auto accident settlement?
A: Probably not. It's difficult to "break" an annuity.
The purpose behind an annuity is to have the insurance company
pay out the settlement funds over time rather than in one lump
sum payment. In your situation, because you were underage at
the time of the settlement, your parents only alternative to
an annuity would have been to accept a lump sum payment and
put it in the bank for you. The interest earned over the past
four years would have been insignificant compared to the interest
earned placing the funds in a structured settlement annuity.
You could try to get a court to set aside the annuity, which
doesn't seem very likely. The only other alternative, which
would not be wise in your situation, is finding a company that
purchases structured settlements from personal injury victims.
Usually these companies will pay you 20 to 50 cents on the
dollar and purchase your right to future payments. You'll be
giving up a substantial amount of money if you choose this
option.
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