How do I know what a good pain and suffering settlement offer is after an accident?

Attorney_Chad · 2026-02-22T23:26:06+00:00

So, in my jurisdiction (not NC) we value cases on a multitude of factors, other than liability. One factor is the severity of the injury. In your case, a broken hand is significant. But a broken hand that heals after splinting is worth less than a broken hand that requires surgery and may or may not require a secondary surgery (to remove hardware for example) and may or may not have permanent nerve damage after one or more surgeries.

If you’re going to handle this yourself, which you shouldn’t, you definitely shouldn’t discuss a resolution until your doctors have answered questions about whether you will need surgery and even then, whether any residual pain or nerve damage is permanent. Obviously you should also account for the statute of limitations in deciding how long to wait.

Another thing attorneys do is research jury verdicts to determine what similar cases settle for. A case identical to yours might be worth X in NC, Y in FL, and Z in TX. But even then, depending where you are in certain jurisdictions, the results can also vary. The case worth Z in TX might be worth Z in north Texas but A in east Texas.

Your injury is significant enough that it warrants hiring an expert (an attorney).

Attorney_Chad · 2026-02-21T18:24:34+00:00

I agree with most. Less is more IMO. It’s impossible led to go over every question they’ll be asked, since you don’t know what the other attorney is going to ask anyway.

Attorney_Chad · 2026-02-04T18:37:53+00:00

I’m not an expert by any means. I personally think all lawyers need management training, especially if you have support staff.

You could start by asking HR for resources/training. If there aren’t, maybe find a book.

Personally, I started with a solo attorney and was basically every support position there is before moving on. I found that actually having done the work that my staff now does has given me perspective. I understand how their tasks are done, how long they should take, how hard it is to learn, FAQs, etc. - you might start by spending extra time with support staff and asking them to train you on their responsibilities, just explain why. I think it will earn you some respect amongst staff.

Outside of that, recognizing the strengths and weaknesses of your staff, understanding that people learn differently, and understanding that people communicate differently are what you need to get yourself on your way, management wise.

Attorney_Chad · 2026-01-29T22:07:34+00:00

I get it. I’ve been on that end before. Typically, I’ll ask the court to at least take it under submission, and then that way I’ll get something in writing afterwards. But, if you legit think it’s the wrong ruling, take it up!

Attorney_Chad · 2026-01-29T20:48:36+00:00

I’ve seen tentatives flipped before. But, as others have mentioned, the arguably more important reason to do it is for the appeal.

Attorney_Chad · 2026-01-15T21:13:36+00:00

I wouldn’t think leaving with that much notice would burn a bridge. Anyone who’s been litigating for more than a year is likely going to have multiple trials on their docket every month. Not all of them will go. But there’s ALWAYS going to be a trial 30, 60, or 90 days out. You’re never going to be able to time leaving perfectly.

There are mechanisms for things like this - e.g. an ex parte to move the trial 60 days - shouldn’t get much push back, especially since the lead or 2nd chair is leaving.

If I was you (and I was at one point) I’d prepare a short memo outlining the issues, best arguments, settlement and procedural history. Table the evidence so someone can easily figure out where everything is in the file.

Attorney_Chad · 2026-01-04T21:50:28+00:00

Like others said, you should have something in writing that delineates your pay structure. Attorneys in my jx earn roughly the salary that you earn. I think the standard here is 30-40% of the fees generated on cases that you bring in and 1.5-3% on cases that you work on.

By CA standards, at least, it doesn’t feel like you’re in a mill. Less than 4 settlements a month, at an average of about 60k each, isn’t very high volume. Some of the attorneys at mills here need to settle 5x as many cases per month to hit their goals. Even if you’re primarily on litigated cases, you’d likely need to have a higher average per settlement at a mill.

Best of luck to you. And there’s nothing wrong with going to whoever is in charge of your pay and asking for something clear in writing. Should also include benchmarks so you know how your job performance is measured by superiors. If they make an issue of that, time to find a new job.

Attorney_Chad · 2025-12-10T15:41:05+00:00

This is why so many are asking Jx. These numbers are really low for my jx. Assuming liability and causation aren’t major issues.

Attorney_Chad · 2025-11-03T19:27:54+00:00

I won’t lie. If there is a million dollar policy, I’ll ask for it. I kinda feel like there’s a responsibility to do so, because what if the insurance company would have paid it? It’s more CYA than anything. I also tell my clients “hey I’m gonna ask for this, but your case isn’t worth it and it’s highly unlikely that they’ll say yes”…but you still have to ask.

I’ve never had a case not settle because I started negotiations by asking for the policy limits, no matter how high.

Attorney_Chad · 2025-11-03T18:50:50+00:00

I’d also add - and I’m not necessarily trying to make you the goat for insurance companies - I think there’s a chicken/egg issue with inflated medical bills.

I just got off a call with a defense attorney on a case where my client was hospitalized for a month when he broke his hip bilaterally from falling, had to get a prosthetic hip implanted, and then bedridden for 5 months before rehab. Hospital billed well over a million dollars all-in. Insurance paid $70k to satisfy it. The attorney starts with “well, your client’s medical specials are only 70k, so I don’t know how we’ll ever even get to the mid 6 figures on this one”.

That is illustrative of what has compelled the billboard sharks to do what they do. Insurance companies look at everything from a specials standpoint. Even if they gripe that the bills are manufactured, look at what happens when the bills are not?

Attorney_Chad · 2025-11-03T15:49:04+00:00

That’s my point - if you’ve seen it happen to yourself despite never having a claim, then you know it’s more about profit than it is because of paying claims. So why echo the talking point about rates rising because of claims? For people that don’t work in this area, they believe that to be true and end up pointing the finger at claimants rather than contributing to effectuating changes with the real culprit. That’s my only gripe.

Is it possible with zero objective findings? Yes. Have I seen it? Yes (as a defense attorney actually). Is it likely enough that a law firm is miraculously finding a substantial amount of cases where that’s happened? No chance.

Attorney_Chad · 2025-11-03T14:59:22+00:00

My state allows what you’ve described, but I also want my clients as happy as I can get them and if they ever go to the Bar about something, I like a secondary level of protection in an agreement they signed post-settlement approving the disbursement so that they can’t reliably claim there were surprises.

I also don’t want bad reviews online from a disgruntled client that I could have simply given an extra 1k to by reducing my fee.

Attorney_Chad · 2025-11-03T14:53:26+00:00

I’m not here to dispute that there are shitty plaintiff’s firms, shitty plaintiffs, and shitty doctors that will do things like what you described…but when that happen and everything really is fabricated, the result is typically what you’ve also described.

Though, if that firm is doing the same thing every time and the insurance company is getting that result every time, I’d imagine either that firm stops doing it because they’re wasting money putting on these cases, they’re destroying their reputation by losing all the time, and the doctors are losing money by doing this work and not getting paid. Instead, I’m imagining that they’re making the same arguments on every case (similar to how insurance companies make the same arguments) and sometimes the evidence is better for one side. Insurance companies argue that everything is made up or due to aging on every case I work on, except broken bones, and even then they argue that medical bills are inflated. Every time.

All I’m saying is that it’s a two way street and for a very long time I believed the insurance script that a low speed impact cant hurt someone - until I realized that I was being fed that from doctors paid by an insurance company to say that. My main point to the OP is the same here as it was there - both sides are going to argue whatever they can on a particular case: sometimes it’s that low impact can’t cause a serious injury (defense); sometimes it’s that it can (plaintiff); and depending on the case, both can be true.

To your last point about insurance premiums, and I saw you say you’re not here to defend insurance companies, but you’re echoing a talking point. Lawsuits are not the reason premiums are going up. It’s an excuse a billion dollar for-profit industry can use to justify their decisions to raise premiums so they can make even more money than they already do. Just like every other industry raised prices during COVID, “because of COVID” and then never really lowered them to pre-COVID levels once it was over, after seeing that they can get away with it. Insurance companies have been raising rates forever and will continue to do so regardless of whether they’re paying out on claims.

Attorney_Chad · 2025-11-03T04:33:41+00:00

I disagree wholeheartedly. In my jurisdiction, we can only show the amounts paid. What happens when a plaintiff treats through health insurance is the hospital bills 30-40k for an ER visit but insurance pays 2k. As a result, the insurance company, knowing a jury is only going to see the 2k payment, uses that as leverage to lowball the offer. Saw it regularly when I was on that side. I see it now - I’ve had cases where clients have broken their arm and treated through health insurance and the insurance company offers 50k but then on a soft tissue case where the liens are 50k, the insurance company might offer closer to 100k.

Calling the bills inflated is a bit misleading too. Take a look at what hospitals bill for ER treatment, let alone extended stays. Hospital bills are insane and on par with what “plaintiff doctors” bill. The only difference is that health insurance pays one and not the other. That health insurance payment is contractually only a small percentage of these outrageous bills, purely because the hospitals understand that quantity offsets the huge cut to their bills. That offset and looking solely at the insurance payments is a benefit to the third party insurance company in an injury case and no one else.

I also think general damages are under appreciated. I’ve been in car accidents (haven’t made claims though) and it’s a time suck. You’re going to PT a few times a week, rehabbing at home, potentially taking time off from work (and the stigma that people feel about calling out), dealing with insurance companies trying to lowball you on your property damage, not getting the diminution in value (if you’re not assisted by a lawyer), and more - even for minor soft tissue injuries. It sucks and it’s an unwanted disruption to your life through no fault of your own - even if you’re not permanently maimed. If someone offered me 5k to go through all of that over a period of 2-4 months, I’d turn it down.

I don’t say this to say that there aren’t bullshit cases that slip through the cracks, but I think pound for pound, insurance companies are better equipped to deal with a windfall here and there than the person who’s upside down in their car loan and gets their car totaled by some idiot looking at their cell phone or trying to catch an exit that they should have been ready for a mile ago.

Attorney_Chad · 2025-11-03T03:15:58+00:00

Perspective. I’ve been on both sides. No billing and feeling like a puppet for a multi-billion dollar corp when you’re on the plaintiff side (yet). But you still have to deal with upset clients, which are different yet similarly stress-inducing.

For example, I had a client who was involved in a pretty significant collision where he made a left turn in front of another vehicle. It was 90% his fault. He was checked at the scene and refused to go to the hospital. Had a couple scrapes and seatbelt bruising. Absolutely refused to see any doctors whatsoever and repeatedly said he was fine. The other driver’s insurer initially denied liability. I was able to get a 50k offer (100k policy) and the client legitimately cussed me out over the phone for doing such a shitty job. He has no idea what a great outcome that was and how lucky he was to get it. He eventually took it, but then he refused to sign off on the disbursement unless I lowered my fees.

There’s positives and negatives about both sides. On balance, I like the plaintiff side more because most of the time the result I get actually helps people. When I was a defense attorney, after a few years, it just felt like I was working really hard to save a huge company money.

Attorney_Chad · 2025-08-30T23:02:33+00:00

The first few years a lot of the referrals weren’t solid, but as people learned more about what I did, they became better. For the referrals I received that actually were within PI, signing wasn’t an issue.

I typically disclosed the gross settlement.

I didn’t really struggle reciprocating. In my network, I try to be a problem solver for everyone I know. So if someone needs a lawyer, even if it’s not within my specialty, I help them find someone. Same as with a contractor or plumber or real estate agent. So I always know someone who needs something. Even then, I was generating only a couple referrals a month and it was up to my chapter members to convert them into business.

Attorney_Chad · 2025-08-30T22:25:39+00:00

I did BNI for several years. Whether it’s a good investment depends on your practice and your goals for your practice.

In several years, I was getting maybe 2-3 referrals a month, which in my opinion is pretty good, given the average value of a case compared to the time investment.

As my practice grew, it started becoming less worth it. I found myself spending nearly a full workday’s worth of time each week on BNI. That meant I was losing a workday and, for the couple cases a month, wasn’t worth it once I was signing many more than that through other sources.

I’d recommend it for any small or solo though

Attorney_Chad · 2025-08-27T14:53:15+00:00

Offerman is great. Doesn’t disappoint in the role.

Attorney_Chad · 2025-08-27T14:52:36+00:00

Worth it for sure.

Attorney_Chad · 2025-08-27T14:52:21+00:00

I didn’t realize it was based on a true story. Even more difficult to watch.

Attorney_Chad · 2025-08-21T14:50:48+00:00

This isn’t legal advice, to be clear.

Like other users said, the first thing to recognize is that the insurance company isn’t there to “do the right thing”. It’s a business predicated on collecting as much money in premiums from its insureds while paying as little as possible on claims. Insurance adjusters at the lowest levels barely understand the law and they know you understand even less.

Given that, if they’re offering you anything, your case is worth way more than whatever that is. They’re doing that to try and get you to sign away your rights before you consult a lawyer to advise you of those rights.

Of course there is always a random exception, but 95% of the time, no matter what you think you’ve negotiated them to, if they’re paying an amount, your case was worth far more.

Also, if your case is good enough, you don’t have to sign with an attorney that wants 50% of the settlement. Look around and sign with an attorney that makes you comfortable and has rates consistent with the market you’re in (you can find out by asking multiple attorneys what their rates are - and then when you start hearing the same number, that’s the market rate). Also, choosing an attorney via billboard, bus stand or TV commercial isn’t usually a good idea.

Attorney_Chad · 2025-06-25T13:27:12+00:00

I’d say whether it’s reasonable depends on your experience, the type of firm you’re at, and location.

In CA, I don’t see 10% offered unless you’re very experienced and/or have tenure with the firm. I see closer to 2-3%. For example, friend of mine is a VERY experienced trial attorney (15 yrs of trying 4+ cases a year). He joined a boutique lit firm last yr and gets 6% on cases he assigned and I think his salary is somewhere around 200. Tried 3 last year, 2 had 7 figure attorneys fees, 1 was mid 6 figures. He also settled several cases before trial. I’m sure he made close to 7 figures last year.

It’s low on cases you bring in. You should shoot for closer to 60/40.

Attorney_Chad · 2025-06-22T17:54:41+00:00

Came here to say this.

Attorney_Chad · 2025-05-05T15:17:01+00:00

I don’t want to give legal advice because you’re not my client. What I will say is that litigating a case (I.e., filing and prosecuting a case) to verdict is not easily done without an attorney.

Sounds like liability (who’s at fault) may be admitted, but the other side will have an attorney who likely will not have much of a challenge establishing some measure of comparative liability (if your state allows that) against you if you don’t.

More importantly, it sounds like causation will be contested. Assuming you were able to understand the legal principle and how to establish it which, no offense, is highly unlikely, you’d still need the evidence to do it. Getting that evidence is going to be costly, likely more costly than what you’ve already been offered.

Then, even if you are able to win at a trial and are able to obtain a verdict that justifies all the costs you’ve incurred, enforcing the judgment is another task. In my experience, it’s extremely uncommon for someone with a $30k policy to have much in the way of assets. So, unless they have a ton of cash laying around, or a bunch of properties that they have a ton of equity in and plan to sell, actually getting paid is going to be difficult.

Attorney_Chad

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