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Show J iioraiJ. Hauge In my last column I described the victim of an auto accident, Madam X, who received a very poor settlement on her case because her unscrupulous lawyer, Ignacius Swindle, convinced her to accept less money than she was entitled to. Out of the five thousand dollar settlement for her injury, Madam X received $3300, which barely covered her medical expenses. Mr. Swindle, on the other hand, who was on a one-third contingency fee arrangement, received $1,666 for making a few telephone calls and writing a few letters. Madam X had been had. If Madam X had retained an experienced personal injury attorney, the situation would have been very different. A'n experienced personal injury attorney looks at several factors in deciding whether to accept a settlement offer or whether to go to trial, and let the jury determine what the ; recovery should be. One important factor in determining the amount of the settlement settle-ment is the amount of medical expenses incurred by Madam X. Insurance companies often use the injured party's medical expenses ex-penses as a guide to arriving at a final settlement offer. A good settlement is ten times the medical expenses. A reasonable settlement is five times the medical expenses. A low but acceptable accept-able settlement is three times the medical expenses. A very bad settlement barely covers the medical expenses. Another factor in determining the amount of the settlement is whether the victim has been diagnosed as having a permanent partial disability. If a permanent partial disability is diagnosed, then the settlement should be worth several thousand dollars more than for a slight disability, hundreds of thousands more for a serious disability. Other damages experienced by the victim are also taken into consideration: lost wages, the need to hire a housekeeper, impact im-pact on a business and other similar expenses are all added to the settlement figure. The factors listed above are fairly easy to document. The extent of pain and suffering is not as easy to prove. A good personal injury lawyer will document all activities which the injured person used to participate in, but no longer does because of the injury. If the victim can't engage in sports, hobbies, housework, or any other physical activity, then this is evidence of pain and suffering. A final factor which an experienced personal injury lawyer will consider in determining whether a settlement offer is adequ-- adequ-- ate or not is whether the injured client will be a good witness at trial. A client who appears to be a whiner, vindictive, who has an alcohol problem or who lives a deviant lifestyle may not get a good recovery from the jury. An experienced trial attorney can advise a client as to whether it is better to settle or go to trial. Personal injury lawyers who are conscientious and who want . good recoveries for their clients meet regularly with other per sonal injury lawyers to share information about jury verdicts and settlements. With this information, the lawyer is more informed as to what a good settlement may be. There are also publications which provide statistics as to average, high, and low jury verdicts for various injuries. These services are very helpful to the attorney who wants to make the best recovery for his or her client. In summary, in the area of personal injury law, there is a chance for an unscrupulous lawyer to take advantage of his client. An injured victim who is educated as to what to look for ' in a personal injury lawyer, however, is more likely to get a good settlement rather than get taken. |