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Car Accident Should I sue? How Much? |
I am going to but just wanted to see what everyone says. I was on a street bike gsxr 600cc going about 30mph and a 91year old lady merged in my lane and him me. I went flying and lucky I was wearing my helmet or I would be dead. I broke a couple ribs in 4 pieces and my spinal cord is chipped. Major road rash, and knee is all f'ed up. I feel like I want to die it hurts so bad. Went to ER and I am sitting at home now. Bike is totaled. Her car is all messed up it was also towed. She is at fault there was witnesses. How much is a realalistic law suit? ignore all the budding laywers first of all. the book value of your bike and your expenses are no brainers. what is in play is pain and suffering, possible permament injuries, and other things like loss of time and whatnot. now a small reality check. be aware that fery few juries are willing to award amounts larger that the insurance carried. most people carry 50 to 100 thousand in libality so you have a practical cap on any award. lets look at some trial numbers. if she has 50K in coverage and your real dollar losses are 25k [ bike, medical, lost work,] there is only 25K left for your pain. now if you sue its going to cost you between 25 amd 50% of any award depending on trial costs, expert witnesses, legwork, and all those other expenses involved. right away you can see where you might win 50 and end up with 25. even if you do manage to get ther jury to go alone with 100k its going to be tough to get that other 50 but you may be forced to pay the 25 to 50% of the 100k. the insurance co. will offer you about 2/3 to 3/4 of her limit in the next couple of years. unless the old broad is rich or was drunk take it and save the money you would have to spend on a trial. and forget about the get rich quick shysters on TV. they'll settle for that same 2/3 or 3/4 that you can get without them but will charge you their 1/3 cut plus some expenses. it sucks but that's the way it is. been there, done that, got the scars at least a half million sue for a million, you start high ABA i would start at 500 grand quarter of a million will probably do hope you get better man. Step one...find out if she is insured. Step two...find out what her coverage is. Step three...find out what her driving record is like. Step four (a)...if she has a bad record, sue for double her coverage, with a provisio that should she surrender her license and agree not to drive again, you will accept half the amount, plus income replacement and (related) medical bills (if the insurance company hasn't already agreed to this). Step four (b)...if she has a good record, sue for the amount of her coverage, plus income replacement and (related) medical bills (if the insurance company hasn't already agreed to this), and have the agreement include a blurb about her having to pass annual drivers tests to keep her license. Step five...if she's mega-rich, toss above out window, and go for the jugular...since she's going to do it to you. As for a realistic suit? I've heard of cases settled for as little as $1, to as much as millions of dollars with a less legitimate basis. (The idiot who won his suit against the sun shade maker in michigan, after he was involved in a car crash while drving with said piece of cardboard in his window, for one.) |
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