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Personal
Injury FAQs
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.
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.
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.
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).
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.
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).
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.
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.
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.
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.
Get legal help for your injuries by hiring a lawyer in South Dakota that you are sure will handle the case with respect
to you and the legal profession. Hire a personal injury lawyer that
has experience in your claim area.
Did You Know?
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.
Newsroom
Latest news about injury cases in South Dakota and nationwide:
Compensation for Personal Injury Victims
eneficiaries. To maintain the privacy of individual claimants and beneficiaries, the Fund will not list names or any other identifying information tha... Read more >
Definition:
When a person who did not actually cause an injury is held for the injury. Sometimes called imputed liability.
Falls and Hip Fractures
Definition:
Among older adults, falls are the leading cause of injury deaths (Murphy 2000) and the most common cause of nonfatal injuries and hospital admissions for trauma
Eggshell skull
Definition:
A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all the consequences, whether you could have foreseen them or not.
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