Terms.Law Forum

So frustrated with settlement offer is 40% of medical bills: is this normal? right now

I publish illustrative scenarios prepared by my practice. All participants and conversations are fictional. The fictional posts are not posts by real users, accounts of client experiences, or reports of actual results.
Illustrative scenario prepared by my practice.
This discussion is for informational purposes only and does not constitute legal advice. For specific legal guidance, consult a licensed attorney in your jurisdiction.
Hypothetical question

I was rear-ended at a red light about 8 months ago. Completely the other driver's fault — police report says so, the other driver was cited. I had significant injuries: herniated disc at L4-L5, whiplash, and a torn rotator cuff. I've been in physical therapy 3x/week for 6 months and had one cortisone injection.

My medical bills so far total about $45,000. Lost about $8,000 in wages from missed work. The other driver's insurance company just made me a settlement offer of $18,000. That doesn't even cover my medical bills, let alone my lost wages or the pain I've been dealing with for 8 months.

Is this a normal first offer? My health insurance covered a lot of the bills but they have subrogation rights and want to be paid back out of any settlement. I haven't hired a lawyer because I was trying to save on legal fees. Should I just take this?

Illustrative response

Those numbers are WAY higher than what I was thinking. I honestly assumed that $45K in medical bills meant a $45K settlement at best. I had no idea about the pain and suffering multiplier.

If I hire a lawyer, they take 33-40% right? So even with their fee, I'd come out ahead? And would I need to pay them upfront or do they work on contingency?

Illustrative response

Yeah consulted with two PI attorneys today. Both said the same thing — the $18K offer is a joke and my case is worth significantly more. I signed with one of them. She immediately sent a letter to the insurance company rejecting the offer and putting them on notice that I'm now represented sadly.

She's also going to negotiate the health insurance subrogation lien and handle everything from here. She said not to communicate with the insurance company directly anymore — all communication goes through her. Feels like a huge weight off my shoulders honestly. I was so stressed trying to handle this myself.

Thanks to everyone in this thread. I was seriously about to accept $18K. That would have been a $50K+ mistake based on what the attorneys told me my case is worth.

Illustrative response

The key lesson I learned from my experience: DOCUMENT EVERYTHING. Screenshots, emails, certified letters, photos — all timestamped. When it came time to prove my case, having a clear paper trail made all the difference.