If Ihave a case pending and am only being offered $24,000 but have a loss of $39,000for bills and lost wages, shouldI settle or not?

UPDATED: Jul 22, 2010

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If Ihave a case pending and am only being offered $24,000 but have a loss of $39,000for bills and lost wages, shouldI settle or not?

This case is against a Police Department and I don’t know what to do please let me know if I should settle or go to trial? $25,000 in hospital bills and 14,000 in lost wages. Should I speak with a personal injury attorney about this? In Russell County, KY.

Asked on July 22, 2010 under Personal Injury, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You probably should speak to a personal injury attorney, since--in addition to the economic losses you describe above--it's  possible you might be able to also sue for pain and suffering, which could increase your recovery. Since most PI attorneys will offer a free initial consultation, it's worth the conversation.

Note the following: if the attorney gives you a sense for what  you could recover, first, bear in mind that a trial is never guaranteed; and second, any additional recover must be offset by the attorneys fees. For example, say that the attorney will work on contingency, receiving 1/3 of any recovery. That means that even if you recovered $36k at trail, you'd still be in the same economic place, with $24k coming to you. Even if the attorney thought you could recover $45k, if you pay the lawyer $15k (1/3), you'd only come out $6k ahead, which might not be worth it given the risk or uncertainty of trial. Also weigh additional costs vs. additional recovery in deciding to sue or settle.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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