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Post by cadoodlebug on Oct 15, 2015 22:03:02 GMT
DS was in a horrific roll-over accident over 2 years ago. 6 of the people in the van are suing the company who was transporting them from an ATV riding experience back to the Las Vegas strip. He's all ready to go to Vegas in early Nov for depositions and arbitration trial in January. They just got an email from their attorney's paralegal saying the defense wants to settle and to give them a figure. His attorney is out-of-state on depositions and won't be back until Tuesday. DS and his friends have no clue what figure to ask for. DS and the groom were the ones who suffered the most injuries. I'm just trying to get an idea of how you figure out what is reasonable. DS's secondary tendon in his right arm was severed so if his main tendon is ever hurt, he has no back-up. His medical bills were about $10,000 (ER and follow-up once he returned home.) Any ideas? (DS didn't ask me to get this information, I'm just curious.) ETA: thanks everyone. You are saying what DH and I wondered. I texted DS and told him and he just texted me back that he has already emailed her back saying he needs guidance from his attorney. Smart kid.  |
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Post by mirabelleswalker on Oct 15, 2015 22:07:41 GMT
Not a legal pea, but I would probably tell that paralegal that she could communicate with your DS through his lawyer. I'm guessing that his attorney will have the best grasp of what a fair settlement would be and I doubt he would want his client to name a price without consulting.
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Montannie
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Location: Big Sky Country
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Post by Montannie on Oct 15, 2015 22:08:37 GMT
Medical costs + lost work time + pain and suffering
Is his arm 100%? If not, value of the degree of impairment.
No idea how to estimate the value of this.
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Post by cadoodlebug on Oct 15, 2015 22:10:04 GMT
Not a legal pea, but I would probably tell that paralegal that she could communicate with your DS through his lawyer. I'm guessing that his attorney will have the best grasp of what a fair settlement would be and I doubt he would want his client to name a price without consulting. That's what I told DS. He needs to tell the paralegal that he needs to communicate with the attorney. |
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Post by cadoodlebug on Oct 15, 2015 22:11:34 GMT
Medical costs + lost work time + pain and suffering Is his arm 100%? If not, value of the degree of impairment. No idea how to estimate the value of this. His arm is fine, just has lifetime scars from the 35 stitches and unknown future about the tendon. |
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Deleted
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May 19, 2024 23:42:24 GMT
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Post by Deleted on Oct 15, 2015 22:12:36 GMT
They should not even hazard a figure. The paralegal should contact the attorney (am I understanding - the paralegal is on their side/works for their attorney?). The attorney may be out of state but that's irrelevant. S/he can be reached by phone or electronically and proceed. This is 2015, for heaven's sake. I don't understand what the paralegal is thinking contacting the clients directly about something like this.
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Post by cadoodlebug on Oct 15, 2015 22:16:34 GMT
They should not even hazard a figure. The paralegal should contact the attorney (am I understanding - the paralegal is on their side/works for their attorney?). The attorney may be out of state but that's irrelevant. S/he can be reached by phone or electronically and proceed. This is 2015, for heaven's sake. I don't understand what the paralegal is thinking contacting the clients directly about something like this. That's what DH and I wondered. |
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Deleted
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May 19, 2024 23:42:24 GMT
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Post by Deleted on Oct 15, 2015 22:16:41 GMT
There are future medical bills to figure out, especially ones that could include spinal problems.
I am with everybody else, wait for the attorney
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Post by scrapsotime on Oct 15, 2015 22:18:56 GMT
I agree he should talk to the attorney first. There is no way I would name a figure without the attorney's input.
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Post by 950nancy on Oct 15, 2015 22:21:39 GMT
We are in the middle of a similar lawsuit. Thankfully it isn't agains a person but our insurance for covering for my son's accident. He will probably be affected for the rest of his life and it will affect his earning potential. My son goes to arbitration/ judge next month. The insurance company offered about 1/6 of what the lawyers say is reasonable for his accident. Our insurance company did pay for surgery and all other medical bills so far. We also have a pretty good umbrella policy on our family cars for this exact reason. Just because they give you a figure, you don't have to take it. It is just the beginning of the legal dance.
ETA: Our lawyer told us to be patient. A lot of people will settle early because they want the money right away (or need it) and then they don't get what they should. My son's accident was in 2012.
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Post by penny on Oct 15, 2015 22:22:02 GMT
They should not even hazard a figure. The paralegal should contact the attorney (am I understanding - the paralegal is on their side/works for their attorney?). The attorney may be out of state but that's irrelevant. S/he can be reached by phone or electronically and proceed. This is 2015, for heaven's sake. I don't understand what the paralegal is thinking contacting the clients directly about something like this. That's what DH and I wondered. This... His lawyer will know how to figure out a number - taking into account losses and what other similar cases have settled for... There is absolutely no rush to answer... Just because it sounds like an urgent question, doesn't mean it is... It's not unusual for settlement discussions to go all the way up to the first day of trial... Speaking to his lawyer next week won't hurt his position, and presenting himself as a calm and cautious may even help... Someone who calls back immediately and jumps on the topic may be seen as more desperate/willing to settle, and they may infer that to mean they can settle for less... Make them wait the five days... |
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Post by ladytrisha on Oct 15, 2015 22:51:42 GMT
She is most likely a paralegal that specializes in settling their PI cases. I've worked in the same office with PI attorneys, and their office setup generally had either secretaries or paralegals who specialized in settling cases with insurance companies up to a certain $ limit. However, that said, asking the client to come up with a dollar figure to settle is very unusual. The insurance company usually offers up a settlement amount for each person, the attorney has to present it to their client (unless he has a pre-existing agreement to reject lower offers which is the usual stance), and then he calls the insurance company back to reject, accept or counter.
Considering your DS has lifetime scars, that in itself is worth something, especially because he is a younger age. The tendon issue is interesting because generally insurance companies won't pay based on "what if" situations.
I'd definitely wait to talk with the attorney and then he should get presented with a range of $$ that the attorney thinks he should take or not.
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Post by cadoodlebug on Oct 15, 2015 23:11:02 GMT
She is most likely a paralegal that specializes in settling their PI cases. I've worked in the same office with PI attorneys, and their office setup generally had either secretaries or paralegals who specialized in settling cases with insurance companies up to a certain $ limit. However, that said, asking the client to come up with a dollar figure to settle is very unusual. The insurance company usually offers up a settlement amount for each person, the attorney has to present it to their client (unless he has a pre-existing agreement to reject lower offers which is the usual stance), and then he calls the insurance company back to reject, accept or counter. Considering your DS has lifetime scars, that in itself is worth something, especially because he is a younger age. The tendon issue is interesting because generally insurance companies won't pay based on "what if" situations. I'd definitely wait to talk with the attorney and then he should get presented with a range of $$ that the attorney thinks he should take or not. There is no insurance company for the plaintiffs. Or were you talking about the insurance companies for the defendants. |
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Post by scrappyoutlaw on Oct 15, 2015 23:28:09 GMT
Something else to consider is that he may not have determinable lasting injuries from this now, but you have to plan for the potential of that happening in the future. He won't get a second bite at the apple when it comes to this lawsuit, so if he accepts a lower settlement and then later injuries develop, he's out of luck.
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Post by cadoodlebug on Oct 15, 2015 23:31:09 GMT
This is the van that blew a tire going 80 MPH, hit the median, the driver over corrected and they flipped 5 or so times down an embankment.
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Nicole in TX
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Post by Nicole in TX on Oct 15, 2015 23:47:07 GMT
This is the van that blew a tire going 80 MPH, hit the median, the driver over corrected and they flipped 5 or so times down an embankment.  Wow! That is a miracle that anyone lived through that! |
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Post by 950nancy on Oct 15, 2015 23:47:37 GMT
Were they wearing seat belts? That is awful. Sometimes I think people don't wear belts in vans because they feel protected.
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Post by scrappyoutlaw on Oct 15, 2015 23:49:34 GMT
Good heavens, I'm so glad your son was ok!
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Post by cadoodlebug on Oct 15, 2015 23:56:16 GMT
Were they wearing seat belts? That is awful. Sometimes I think people don't wear belts in vans because they feel protected. YES, they were all wearing their seat belts! Their moms taught them well! We're fairly certain some might have died had they not been belted in. They were upside down and my DS's face was covered with blood because of a large cut on his ear. One of his friends later told him he thought DS was dead.  |
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Sue
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Location: SE of Portland, Oregon
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Post by Sue on Oct 16, 2015 0:03:15 GMT
It sickens me to see that picture as it surely must you too as a passengers Mom. Thank goodness no one was killed. I hope the insurance company eventually does right by your son and all the others impacted by this horrible accident.
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Post by Scrapbrat on Oct 16, 2015 13:58:14 GMT
I'm glad your son figured this one out, but as an attorney, I think you should suggest to him that he mention to his lawyer that the paralegal asked the clients to name a dollar settlement figure in his absence. No attorney that I know would condone this, and that's what makes me think that the lawyer did not know the paralegal was doing this. Frankly, it's inappropriate. There is no way most clients would have any idea of what to suggest, or the reasons why you might want to start negotiations at a certain level, etc.
ETA: That picture is horrifying! So glad your son is ok! |
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scrappert
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Post by scrappert on Oct 16, 2015 14:09:07 GMT
Wow, what a scary picture! Thankfully, they all survived. Good luck on their case.
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lizacreates
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Post by lizacreates on Oct 16, 2015 14:26:05 GMT
Glad to know they survived that horrific accident.
In arbitration, there's usually what's referred to as "high-low" where both parties (attys) agree on a range of dollar settlement before the hearing, and that is kept private from the arbitrator. Your son's atty has the experience with personal injury cases to advise him of what would be a workable range. If the arbitrator finds for your son and the amount awarded is higher than the max agreed to with the other part, your son will receive only the maximum amt. If the award is lower, then your son receives the minimum agreed to prior. If this arbitration is with the transport company's insurance carrier (which I assume it is), insurance companies do not generally go into arbitration with an injured party unless there's a high-low agreement. So, I'm really surprised the paralegal would even be involved in the "pricing" of damages.
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MorningPerson
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Post by MorningPerson on Oct 16, 2015 14:42:34 GMT
Oh man, that picture makes my stomach knot. SO thankful no one was killed.
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Post by mikklynn on Oct 16, 2015 15:22:15 GMT
O.M.G. - I could barely look at that and think of your DS.
I agree with the others, your DS should speak face to face with an attorney to discuss the settlement. He has a permanent injury, so it should be a significant number.
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Post by CarolinaGirl71 on Oct 16, 2015 15:24:26 GMT
They should not even hazard a figure. The paralegal should contact the attorney (am I understanding - the paralegal is on their side/works for their attorney?). The attorney may be out of state but that's irrelevant. S/he can be reached by phone or electronically and proceed. This is 2015, for heaven's sake. I don't understand what the paralegal is thinking contacting the clients directly about something like this. She's thinking she can get them to name a figure (that's probably less than they should get) and he will be stuck with it. |
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Post by epeanymous on Oct 16, 2015 15:29:04 GMT
That picture is heart-stopping.
I have never done civil-side direct-client work, so my experiences with paralegals may be different, but when I was in criminal practice I would never, for example, have had my paralegal ask a client what sort of plea deal he or she would accept. That is the kind of thing that requires attorney advice and guidance, and everyone has given you the right advice, I think, by telling you to have your son meet with his attorney, who can give him a better idea of what is reasonable.
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Deleted
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May 19, 2024 23:42:24 GMT
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Post by Deleted on Oct 16, 2015 17:34:45 GMT
They should not even hazard a figure. The paralegal should contact the attorney (am I understanding - the paralegal is on their side/works for their attorney?). The attorney may be out of state but that's irrelevant. S/he can be reached by phone or electronically and proceed. This is 2015, for heaven's sake. I don't understand what the paralegal is thinking contacting the clients directly about something like this. She's thinking she can get them to name a figure (that's probably less than they should get) and he will be stuck with it. That doesn't make sense, though, because she's on their side. She has no vested interest in settling for less. |
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Post by leftturnonly on Oct 16, 2015 17:46:51 GMT
The original cause for the accident was a blown tire?
Was the company negligent for not maintaining their vehicles; ie the tire was worn and should have been replaced? Or was there a default in the tire?
That's an accident that could happen to anyone with a bad tire. If it was a default in the tire, wouldn't the tire company be responsible?
SMH over a paralegal asking your son for an amount.
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lizacreates
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Post by lizacreates on Oct 16, 2015 18:27:38 GMT
The original cause for the accident was a blown tire? Was the company negligent for not maintaining their vehicles; ie the tire was worn and should have been replaced? Or was there a default in the tire? That's an accident that could happen to anyone with a bad tire. If it was a default in the tire, wouldn't the tire company be responsible?SMH over a paralegal asking your son for an amount. As to whether the transport company attributes the accident to a faulty tire or not is independent of personal injury claims by the passengers. As far as OP’s son is concerned, the liability rests on the transport company. The passengers do not have to contend and prove that the tire or any part of the van was faulty, even if they were 100% positive that it was, simply because they did not own and operate the vehicle; they were merely passengers. The only thing the passengers have to prove is that they suffered damages as a result of the accident and were not party to the cause of it. |
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