QUESTION
Our teenage son had a bad concussion in a car crash and now cannot play any contact sports, how do we quantify amount for settlement?
Asked on Aug 27th, 2013 on Personal Injury - Louisiana
More details to this question:
Our son at the time was 14 years old. Our son was with my wife in a car crash in rural area on a snow covered gravel road. Due to weather conditions and no painted lines on the roadway, neither party was cited except for the other driver receiving a no insurance ticket. We had full coverage including uninsured and under insured motorist. My son suffered a severe concussion. So bad he basically missed the rest of the entire year of school with severe headaches. The crash was in mid February and school ends in Iowa end of May. We had numerous doctor visits, cat scans, ER visits, specialists you name it. Doctor bills of around 9k. He had to miss all the fun events of school with his friends. Sports, dating the whole works. He was not allowed to get his driver's permit or moped permit. He of course now is more susceptible to concussions and he has had another one since this occurred. He is not allowed to play football or any contact sports. My wife who by the way is a nurse went from FT to PT work to care for him and I missed my share of work as well as I turned down extra and over time work. We have kept a pretty decent journal on all of this. Our vehicle was totaled and paid out. We are not trying to get all the doctor bills and pain and suffering. How can you quantify what it means to a kid that cannot play contact sports at the age of 14 for the rest of his life due to his high propensity for future concussions? Any help would be appreciated. Oh and we were offered 10k to settle.
8 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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First, you need to know how much insurance coverage there is. If it is only $25,000.00, that is likely all you can get. I think the case is easily worth that from what you describe. How much more is difficult to say. It sounds as if it would be worthwhile to hire an attorney for this. One problem is, without an attorney, there is no threat to the adjuster that you are going to take it to court. However, you write a letter the adjuster explaining all of the ways your son and family have suffered. You give them a list of medical bills and lost wages to start, and add a reasonable amount for pain and suffering and loss of quality of life and demand this amount (plus the bills I mentioned). You might think of what it would cost for some activity to replace the joy of playing football, such as music lessons, a car to drive, etc. You might ask for a dollar figure for each wee your son suffers, say $150.00 per week (come up with some way to justify the dollar figure per week).
Answered on Aug 30th, 2013 at 5:28 AM
Ronald A. Steinberg
You have to sue the other driver and prove that he was at fault. The cop did not witness the accident ,so he couldn't determine fault.
Answered on Aug 30th, 2013 at 5:14 AM
James Eugene Hasser
You will probably need a neuropsychiatric evaluation. Consult a good personal injury lawyer familiar with brain injuries and let them make the call.
Answered on Aug 29th, 2013 at 2:44 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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This is something that takes a bit of experience and time to evaluate.
Answered on Aug 29th, 2013 at 12:47 PM
Consult a personal injury lawyer. Submission of a proper settlement package by an experienced injury lawyer will normally produce a better result.
Answered on Aug 29th, 2013 at 10:40 AM
NA richard@jandjlaw.com
He probably needs neuro psychological eval. Ask your PCP about a referral.
Answered on Aug 29th, 2013 at 10:29 AM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Your son may have suffered at TBI (Traumatic Brain Injury) from the car accident. How TBIs are valued is basically by the impact on your son's life past, present, and future, which you have explained in your inquiry. As an injury lawyer, I would get a TBI specialist doctor (MD or PhD, or both), and also a financial expert who is excellent at putting a monetary value on the injury to your son. By the way, which insurance (other driver's or yours) offered the $10k to settle? By the way, I graduated from the University of Iowa College of Law and, although my injury law firm is in Salt Lake City, Utah, I can refer you to an injury lawyer in Iowa, if you would like.
Answered on Aug 29th, 2013 at 10:03 AM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Get a lawyer case could be worth millions.
Answered on Aug 29th, 2013 at 9:47 AM