QUESTION
Is $2500 enough settlement for minor injuries?
Asked on Apr 05th, 2013 on Automobile Accidents - Oregon
More details to this question:
My son was involved in a car accident on March 11th of 2009. He and his friend were the passengers and were sitting in the back seat of the truck. My son's friend's father was driving. At the time I did not seek a lawyer because I was just thankful my son was okay and I was told by the driver's insurance adjuster that since my son's injuries were minor, it was not necessary to contact a lawyer. My son was taken in the ambulance and they did take x-rays. He had minor pain in his chest due to the seat belt. Just recently, they contacted me from the insurance company at fault and said they received the medical bills for my son which were like $2200 and wanted to settle as soon as possible. I didn't even know we would be getting anything. He said they would settle with the adjuster of my medical bills and for my son's pain and suffering. He said around $2000 to $2500 is fair. I would get half and the other half would go towards the medical bills. Does that sound about right? I told him I would consider it and get back to him. Is that a fair amount to settle for?
10 ANSWERS
Depending on the facts of the case, the type of treatments, lingering disability, lost time from school or work, etc., I would ask for 3 times the medical bills.
Answered on Apr 08th, 2013 at 9:06 PM
James Eugene Hasser
You would only have a claim for the medical bills, presuming you accepted liability for them. The rest of the claim is your son's and all monies should either go to him or be used for his needs. As to the value of the claim, it is difficult, if not impossible, to answer that question without knowing more about the circumstances of the accident and the nature and extent of his injuries. Run it by an experienced accident lawyer.
Answered on Apr 08th, 2013 at 8:58 PM
Without more detail, this is impossible to answer fairly. I suggest you contact a car accident attorney in your area for a free consultation. Usually, the insurance companies try to take advantage of you in these situations.
Answered on Apr 08th, 2013 at 8:42 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You do have a minor case, literally and figuratively. You don't get anything in this world for being bumped. You must have a serious injury to get big bucks. You should get sufficient funds to pay all the medical bills and your son should get a few dollars for his minor trouble (may $500 or so).
Answered on Apr 08th, 2013 at 8:33 PM
Lisa Hurtado McDonnell
That sounds about right since your son was not seriously injured.
Answered on Apr 08th, 2013 at 1:46 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Your son's medical bills should have been paid by your car insurance company if your son was a resident relative in your home and you had an insured vehicle at the time of the crash. If not, then the host driver's insurance company should already have paid the medicals way back in 2009. If for some reason, you still owe these bills, and the host insurer is offering to pay them as part of a settlement, then they should be paid in full vs. 1/2 (unless you can get the provider to agree to take 50 cents on the dollar). The pain & suffering claim is actually worth nothing in Michigan as your son did not suffer a "serious impairment of a body function". So anything the adjuster is offering to settle that claim is more than is required. Of course, any p&s money is for the benefit of your son and any amount over $5k needs to be overseen by the Probate Court if your son is a minor.
Answered on Apr 08th, 2013 at 1:38 AM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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No, it is not fair. The insurance company is not fully compensating your son.
Answered on Apr 08th, 2013 at 1:31 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Whether a particular dollar amount is "enough settlement," in just about every personal injury case (including your son's), really depends on several factors, which include (but, are not limited to) the following: the nature, extent & severity of your son's injuries; the amount of medical bills & lost wages your son has incurred; your son's age; and, so on. Using such information, your lawyer should be able to give you some idea of whether or not the amount that your son is being offered is "fair." However, since your son does not have an attorney, he should really consider, at least, consulting with a local personal injury attorney before signing any kind of release presented to him by the other party's insurance company.
Answered on Apr 08th, 2013 at 12:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would not dare to make a recommendation on the facts presented.
Answered on Apr 08th, 2013 at 12:46 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Sounds pretty low and I would be a septic of an insurance comp that tells you not to talk w a lawyer.
Answered on Apr 07th, 2013 at 10:03 PM