United Brachial Plexus Network, Inc.

We would appreciate any possible help as we are trying to come up with a fair settlement dollar amount, if it is offered.How does one know what amount is acceptable,especially when so many trial cases are lost.. We know each case is different as each injury is different and know that with this injury, especially with avulsions etc., no amount is enough. We know to add up legal,hospital, insurance and other expenditures but we would like to know what amount you accepted or what amount you refused.For years, we have heard, on this board, only the million + $ numbers but never hear of the lower $$$ amounts.Please all of you who have been through this before, help out, as we are at a total loss as to what amount is acceptable.Thank you.

What's the maximum available? usually the amount of the doctor's insurance or the cap in your state. Settlement will be less than that. Then remove the fees, the expenses, the insurance and anything else that comes out of it....
The rest and all the processing you'll do to figure out what's acceptible or not is NOT an easy process - it's gut wrenching. I certainly wish you the best and feel for you. Hope it all works out in your child's best interest. Good luck,
francine

Null, I am still going through the legal process but know of a few people that have settled. One of which settled years ago for about $250,000 and another friend of mine settled last year for $300,000. I was told by the one friend that settled for $300,000 that by the time it is invested and the child is 18, it is hoped it will be in the millions. So that is something good to consider. Good luck to you.

I was told that the rule was that money doubles every 7 years... and don't forget about inflation and taxes and fees.

I think this is one of the most difficult questions that we face. We have no real concept of how much money will be helpful to our child. And, since most people have "gag" orders as part of the deal, they can't talk about it anyway. (Me included!)

We settled for more than we thought we would get; it was the amount we had hoped for. I know I am in the minority for that.

You start with the maximum of the doctor's policy, and work backwards. You have to look at what your child's recovery is. I know that this should not be part of it, but it is. You have to decide what the money is for--in your mind. If it is for future medical expenses...then think about what that might mean for your child--surgeries? massage? feldenkrais? tes? You also have to add in: lawyer fees, lawyer expenses, insurance claims(yes, they have a right to money too-they call it "subrogation"--I call it "playing both sides off the middle.")

You also have to remember that so many people walk away from their legal experience with no money at all. So, maybe a little less $$ is worth having some.

I don't think any of this helps you...this is such an incredibly personal decision.

Put the numbers down on paper...then go with your gut.

hope it helps,
claudia

This is such a difficult question. I too have struggled with the exact same question. I wish I could give you an answer, but there just really isn't one. Don't you hate that when there aren't answers? I do!

First off, my husband and I soon came to the realization that there is no such thing as a "fair settlement", at least there wouldn't be in my child's case. We spent a good amount of time coming up with all past costs and all future anticipated costs, not even counting a cent for all the pain and suffering or all of our lost wages. What would be "fair" we soon realized would not be realistic to expect in the current legal system.

However, we set our expectations higher than many probably would. We were willing to take some risks and we knew our case was strong. I think really getting a feel for the strength of your case is also something to possibly consider some. How strong is the evidence? What do your experts say? What do their experts say? Is this a case that the plaintiffs most likely do not want to take to trial? How good of a witness will you be when you take the stand? How much don't they want to see you on that stand? We felt pretty strong in these areas, so we were willing to take a little harder stance. Although, it is hard to tell what could eventually transpire. You just never know.

It is so hard because an initial offer may be made which is an insult, but you never know what they may come around and offer a few months later or shortly before trial. You hate to jump in and agree to a low settlement yet you hate to pass up an offer, if indeed you feel it is a possibly acceptable offer.

Most cases involve life care planners and/or economists who work up figures as well. Do you have one working on your case? Their numbers tend to be on the high side, although I think they are often realistic, the defense often doesn't take them terribly seriously at times. Perhaps, take their numbers and come down to a point that you feel is acceptable. What does your child need to cover all of his or her medical costs for a lifetime? How many surgeries could they possibly need? What if you lose insurance coverage, how much will they need to pick up a new policy or cover a surgery? What are your therapy benefits? Our insurance has limits so we added the costs for therapy over all the years to come and we gradually decreased the number of sessions needed as our child aged. Of course count all the costs others have mentioned. We finally came to a number just a few days before we needed to. It was just so difficult to do. Don't cut yourself short out of fear either, and perhaps allow a little flexibility in your number and see how things begin to play out. Perhaps you and your attorney will get a feel for what the other side is thinking or how far they will go.

I talked to several parents and got a feel for what type of settlements they received. I also made several phone calls and spoke with different lawyers to get a feel for what our case might be worth, and that was helpful as well. We had an attorney who was suggesting that we settle for wjat we felt was a very low amount, so we actually switched lawyers and now the numbers are much, much higher. Don't let your attorney beat you up either. Some attorneys will do anything for a quick buck and are not truly willing to fight for you and take the risk of going to trial. Others keep their word and are willing to fight for you to the end.

Another thing to consider, if your lawyer really wants to settle and avoid the hassle of trial, they may just end up cutting their % a little. If you stay firm with a number you want and the number can be reached for your child if they reduce their fee some, they may just do that. This seems to be what is happening in our case.

I have heard of people bringing home as little as 60,000 for their child, which I feel is completely unacceptable and just another slap on the face. I know others who have brought home 700,000 after all the expenses and fees were paid. It really just varies so much. I think somewhere between those two numbers is where most cases settle, like that is helpful, huh? Sorry. Good luck to you!

It was our experience that the insurance adjuster called the shots in the beginning. She/he low balls it and hopes you take it. We didn't. Then they sit back and watch how the trial progresses. If it doesn't look good for them, they raise the figure never agreeing to give what you want. We wanted 500,000. They didn't agree so the trial went on. All of this goes on with the advice of your lawyer. It's the most nerve racking experience of your life. It's all a game of who blinks first. In the end we won and the other side wished they took our offer now. The bottom line is how strong is your case. What proof do you have and most importantly how are the questions phrased when the jury deliberates. Hope this helps. Good luck.

Patty

Patty,

Would you mind sharing...do you mean you wanted 500,000 for your child or 500,000 total before expenses, etc.

I am just so happy you won and if I remember correctly it was for a lot more than that! Congratulations to you and your precious child!

We wanted 500,000. total. We won 1,050,000.00
After everyone took their share Michael now has 660,000.00 We are keeping 50,000. out for future PT and surgeries, payments at 18,19,20,21,22 for college and the remainder is given to him at 30 yrs. old to invest as he pleases. Because of Michael diagnosis of cancer at 3 yrs old we feel it is important for him to be able to make the most of his life while he is young but still plan for his retirement. He can only do that with control of his money, not by having the courts decide for him by how much and when he gets it. It doesn't help him to struggle while he is a young man and then die a rich old man. Can you understand? By the way, Michael had surgery last week to have his port removed. It's over. He has completed 4 yrs of chemotherapy and never relapsed. He is a healthy, happy, normal little boy again who will be turning 7 on Saturday the 28th. Amen.

Patty

Thanks so much, to all of you, for this valuable information.It has been most helpful. This is about the only topic that has hardly discussed, on these boards and hopefully this discussion can be continued.