Advise needed: Acceptable settlement?

by vbway » Wed Nov 07, 2012 06:03 pm
Posts: 4
Joined: 07 Nov 2012

Hi. I have a question and was wondering if anyone here might have knowledge on the subject. I was involved in an accident in 1994. A bus driver veered out of his lane and stuck me while I was riding my bike. My bike ended up under his bus. My leg was crushed. I needed a complete knee replacement. But I have not been able to have it done, because I do not have the funds. I am only able to do light duty work, I am in constant pain. I have difficulty getting in and out of vehicles. When I stand after be seated for more than a minute, I have to stand and wait at least 30seconds before I can put weight on my bad leg. I have a rather pronounced limp among other things. I was an avid runner, bike rider and outdoor sportsman until the accident. Since I have lost the ability to do so much, I sank into a deep depression which has been medically documented. I feel like the bus driver took my life from me. What could have been will never be. I have gained 80 pounds due to my inability to exercise. I filed suit in 1995. We are finally at a point where the judge is not allowing the defense anymore delays. The bus driver has since died. While there were no witnesses, I do have a picture showing the bus clearing outside of the lane and on top of my bike. I was offered 30k the night of the accident but refused. How much should I accept as a minimum? The surgery itself will cost 30k plus 15k for rehab. And in addition to that, I will need to have it replaced in approximately 15 years. Any advise? Need more details? Thanks

Total Comments: 2

Posted: Thu Nov 08, 2012 02:02 am Post Subject:

Are you saying that you suit is still active; I can’t even fathom a lawsuit that has been ongoing for nearly 20 years. Were you a minor at the time of the accident, is that why it’s still pending. My advice is to direct these questions to your attorney; together you and your lawyer can figure out if the bus company’s offer is reasonable in light of your past and future medical expenses, medical liens, pain & suffering, and disability or disfigurement. Another aspect to discuss with your attorney is the likelihood of recovery. The fact that the driver of the bus is now deceased and the age of the loss might play a role.

Posted: Thu Nov 08, 2012 08:59 pm Post Subject:

Yes the suit is still active and no I wasn't a minor, I was 29 and am now 48. There have been numerous delays. The defense has changed attorneys five times. I had another attorney look into my case. He said that my attorney has done everything that he would have done. He files timely responses to all the defenses motions. The judge was just about to set a court date in 2005 and then hurricane Katrina happened. That caused many delays and then once again the defense attorneys were again changed. So far 3 of the defense attorney's have become judges since the start of the suit. Now the judge needs to find out if I will be allowed a jury trial. Apparently, the bus company and the management co (who employed the driver) may be considered a political subdivision of the state. Which would mean no jury trial (if we get that far) and no pre judgement interest if that is the case. But the judge did say that he wanted to set a trial date by next October at the latest. The reason for my question is that I am just curious what I should insist on as a starting point for negotiations. I know that my attorney is in discussion with the defense and I have a feeling we may start discussing settlement offers soon. My attorney is very reluctant to discus actual possible numbers. He did say that he was "very excited" about the case finally moving forward. Which makes me think he must believe that there is the possibility for considerable amount of money. I appreciate your response. I will take a more direct approach with my attorney and see what his thoughts are on the issue. I just feel that he doesn't want to get my expectations up too high. Me personally, I don't feel that I should accept less than 500k. I mean after my attorney gets 1/2, plus 100k for medical expenses, that would only leave me 150k. And if I am not allowed to collect prejudgement interest, I just don't think that is very much. Especially considering that this has been ongoing for more than 19 years and I am in pain every day. I did the math, that is only $21.62 per day for pain and suffering. And that doesn't even take into account everything that I have lost and all the things I can no longer do. But I feel like asking for more might sound outrageous. I don't know. But thank you again for the advise. I will definitely have a serious discussion with my attorney.

Add your comment

Image CAPTCHA
Enter the characters shown in the image.