What is the fair settlement for personal injuries in car accident?

A person is entitled to be "compensated" for all injuries and damages they sustained in an accident.There are a number of factors that determine what a case is worth, including, but not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items. Age also plays a factor if an injury is permanent. While you list the injuries, you do not indicate whether everyone has made a full recovery, whether there was any lost wages or the other items listed above. I would suggest not considering settling until everyone has made a full recovery or reaches medical maximum improvement (MMI), which basically means healed as much as can be although not back to 100%. You may want to consult with a personal injury attorney to discuss these cases.

The "fair" value of your claim will be dependent on several matters, including, but certainly not limited to: 1. The amount of insurance available for the collision; 2. The assets of the adverse driver; and 3. The extent of your injuries and resulting medical bills. Since you have children that were injured a court order will probably be necessary for any settlement negotiated on their behalf. Insurance settlements can be complicated, you should not handle them on your own.

This is a significant injury scenario. I strongly urge you to consult with a lawyer who handles injury claims, and that you not try to do this on your own. Don't count on the liability insurer being fair with you. They are adverse to you. They are not your buddies and are not looking out for you.

My last answer may not have appeared for you. This is a serious injury to all, particularly your son with the head injury. You should retain counsel experienced in handling brain injury cases. Many of us who do this type of work have relationships with experts who can be of great help, both with treatment and proving the case. Best of luck to you and your family.

You may be limited by the coverage limits of the other guy's policy. If he has only a $15k/$30k policy, since there are three of you, your total combined settlement would be $30,000, at most. If he a bigger policy and liability is clearly in your favor, generally it is 2-3 times the amount of medical bills incurred.

Each case is different and you do not have enough information to begin to determine what is fair. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury settlement demand should begin with the amount of special dama

I would urge you to slow down and take things one at a time. It sounds like the injuries were very severe and you need to take time to heal before you think about settling your claims and the claims of your children. The factors involved in evaluating a personal injury claim include the nature and extent of the injuries, whether the injuries are permanent or temporary, the amount of the past medical bills, the amount of future medical bills, the amount of past and future wage loss, pain and suffering, and the limitations on activities. These claims can be complicated to handle especially where the injuries are serious or there exist insurance issues to consider. You should meet with a qualified personal injury attorney in your area.

You need to consult with an attorney immediately, especially if your children are minors.

You really need to speak with an attorney so that that attorney can review your medical bills and give you a realistic idea of what the case could be worth.

You cannot evaluate reasonable value until you have all treated to a point where you return to pre-accident status or your health care providers tell your that you have permanent injuries. Understand that you only get one bite at the apple, meaning once you agree to a settlement figure, and if because you did so prematurely and then learn later that you or your sons have worse injuries, you would be precluded from obtaining any more monies. The insurance carrier for the at fault party will start contacting you, if they have not already, and attempting to dangle some settlement monies in front of you in an attempt to convince you to settle before you are fully aware of all your injuries or have completed your treatment. The other issue to ascertain is the amount of insurance that is available because based on the type of treatment already received if the at fault party has minimum limits policy you want to find that out as soon as possible.

I would say you're looking at a six figure settlement, if there is enough insurance available. You will get far more with an attorney.

You have pointed out the problem in estimating a fair settlement value in your question - - the lack of medical bills. If this just occurred in December I would imagine that at least some of you are still treating with physicians, correct? You need to be very careful of your Statute of Limitations, which is 2 years for bodily injury in California. So make sure that date is calendared somewhere and you know when the last date you can file suit is. Do not give any statements to the other driver's insurance company without having an attorney's advice first. Sorry and good luck.

The amount of a fair settlement cannot be determined based on the information you have given me. Especially for the son that has the worse injuries. Please do not try and settle the cases for your children. You are doing them a great disservice.

Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. From what you describe, your son with the skull fracture may need a medical trust, and a structured settlement would probably be appropriate. I would also be concerned that there is enough coverage. If you do not have a lawyer, you really should get one, that is the best way to get the best settlement in your case.

This is a very serious accident that requires an attorney to represent you. The value of the claim depends on the injuries and medical bills both in the past and future medical bills; as well as, pain and suffering, loss of enjoyment of life, disfigurement, impact upon earnings and earnings potential and a variety of other factors. You should immediately obtain photographs of the vehicles if you can still find them.

First, and by far the most important thing: DO NOT ACCEPT ANY OFFER OF SETTLEMENT until you have consulted with an attorney. The insurance company for the other driver will want you to settle as quickly as possible, HOWEVER, where serious injuries are involved, it can take months or even YEARS to determine their full extent and what treatment might be needed on a long-term basis. In California, you have 2 years from the date of the accident before you have to file a lawsuit to protect your claim. If your sons are under 18 years of age, they have until 2 years after they turn 18 to file a lawsuit for their damages, so you have plenty of time. Do NOT let the insurance company coerce or intimidate you into accepting what might easily be a lot less than you are entitled to in settlement of your claims. The insurer, knowing you are not represented by counsel, have you at a huge disadvantage. They know the real value of your claim (or will, once you have obtained ALL of the treatment you will need and have bills for same), while you probably have no idea. Bottom line, you need a lawyer to handle this for you. Even after you pay him his fee, you will almost certainly recover more than you would have if you try to resolve your claims by yourself.

You and family have serious injuries. If the liability is as clear cut as the injuries you will have excellent personal injury claims. you absolutely cannot settle any of these claims until: 1. All medical care is rendered.2 all medical opinions about the extent of injury and the likelihood of future medical care is considered and evaluated 3 the degree of permanence is given by the drs 4 all medical expense is tallied 5 future medical expense considered and tallied 6 wage loss considered. You have 3 years from injury so no reason to be in a hurry. Get you a knowledgeable personal injury lawyer and let him lead you thru the numbers I just listed (and anything else relevant to the case: nurses, drugs, etc)

Sorry to hear about your accident. The settlement amount, in a personal injury case, such as yours, really depends on several factors, which include (but, are not limited to) the nature & extent of your injuries, the amount of medical bills & lost wages you have incurred, your respective ages, the severity of each of your injuries, and so on. Using such information, your lawyerthat is, assuming that you have hired one to handle your caseshould be able to give you some idea of the average personal injury settlement amount that victims in cases, such as yours, would be entitled to. (And, that, in turn, will give you a better idea of what a fair amount would be.) However, in the event that you have not hired an attorney to guide you with this serious matter, then I highly recommend that you do so. I say this is because someone, in your position, should always have an attorney on their side when dealing with insurance companies (and their adjusters). It is amazing how differently they handle claims when dealing with an attorney, as opposed to an individual with little knowledge of their legal rights.

You would really benefit from consulting an experienced personal injury lawyer. Such a lawyer can help you discover damages of which you were not aware. There is a rule of thumb, frequently repeated, and which I do not endorse, which says that you can double (or triple) your 'special' damages in a settlement with an insurer. Special damages are those which are easily measured in dollars, such as medical bills, lost wages, damaged property, etc. Remember that whoever paid for your health care likely has a claim on any settlement.

I suggest you consult with an attorney to discuss the specific details of your case, including the accident and medical bills, to ensure the best possible outcome. I offer a free consultation.