Is $3,500 a fair settlement for my son's pain and suffering?

There is no magic formula to determine pain and suffering. Each case turns on its own individual facts. Frequently, lawyers take a multiple of 3-5 times the amount of special damages (e.g. costs of medical care, prescriptions, lost wages) as a rough guide of what is a "fair sum" for pain and suffering. But a number of other facts should be considered, such as the age and background of the victim (in this case, a 15 year-old boy); whether there will be future pain and suffering/permanency of the injury (here, apparently no permanency or future pain and suffering); and other factors. Typically, insurance companies make "low ball" offers to victims who are not represented by counsel. But, ultimately, the decision what is an acceptable resolution sits with the client.

How much were the bills? Is your son well? Released by doctors?

This seems very low, but I would want to read the records and know more about your son. MDK.

Need details, buy an hour with a personal injury lawyer. The offer appears to be low. If you are in Michigan please call my office to engage us and with the details.

Not anywhere close.

Your son's medical bills, at this time, are small. However, with the lower back pain, this injury may linger in the future. Thus, one should not accept a settlement until all medical issues has been address. If you do accept and there are future medical needs due to the accident, the cost come out of your pocket. On its face $3,500 plus all bills paid seems reasonable, but with all of the related documents to review, it is hard to be definitive. Note, your and your wife's lost work days are not recoverable.

They are not likely to go too much higher. You need to prepare a letter going through objectively all the details of the injury, the more than clear fault of their driver [was there a felony conviction which would entitle you in California to attorney fees?], that there still is some residual pain, etc. and demand a few thousand more to see if you can get them up a $1,000 or so. They do not necessarily owe for the lost wages as that is something that falls within the general duties of being a parent; if you emphasize the residual pain too much then they might insist on a minor's compromise [the will prepare the paperwork but you will have to get yourself appointed guardian ad litem and attend the court hearing approving the settlement]. Insurance companies at best offer what they think a jury will award and in California juries are very? conservative when it comes to automobile accidents, although with the vehicle totaled and clear physical injuries the are likely to be more generous. It might be worth the $300-400 involved to go to an experienced plaintiff's personal injury attorney in your area to get a demand letter from him/her, but most attorneys are reluctant to handle just that aspect of a case. Having an attorney will increase the settlement value, the unknown question being how much.

In my opinion it is probably too early to consider making a final settlement, especially in light of your report that your son is still experiencing pain. You would be well served to engage representation if you have not already done so, and it sounds as though you have not.

There is no set value or formula in the law for pain and suffering damages. The amount of damages for it should bear a rational relationship to the nature and extent of the injuries and the past, present and future pain and suffering and medical expenses. Values can vary widely from place to place.

Take medical bills and multiply by 3 for ballpark appropriate settlement range.