by kbuth » Thu Dec 11, 2008 01:50 am
Hi- I have a question about an auto accident settlement. I was driving to work one morning when a 15 year old kid with a farm license ran right through a stop sign and hit me broadside at about 50 mph. He received three tickets from the accident. I was off work for about 5 weeks with bruised or fractured ribs and neck pain.. My car was totaled. The agent for the other driver has offered to pay my lost time pay, medical bills and 5500 for pain and suffering.. It has been 3 months since the accident and still have a stiff and sore neck and still know the ribs were hit. Do you think I should see a lawyer or is this somewhere what I should expect.
Thanks
Thanks
Posted: Thu Dec 11, 2008 02:59 am Post Subject:
Is there an issue at hand?
Posted: Thu Dec 11, 2008 04:23 am Post Subject:
YES! You must see a lawyer to protect yourself. What if the pain doesn't go away and you settle this claim? A Dr. can help you get a whole lot more money and knows what can be done about potential or lingering injuries that continue to hurt you. I am sure, the driver's insurance company would love for you to take this money right away. I would not even consider taking this offer without at the very least consulting with a few attorneys. Also, don't be afraid to go back to your Dr. and let him know you are still in pain. You deserve to get good medical treatment and get back to the shape you was in prior to the accident if at all possible.
Posted: Thu Dec 11, 2008 06:39 am Post Subject:
Well, you may hire an attorney but at the same time be prepared to pay around 1/3 of the settlement amount as his fees. Kbuth, if you still are in pain and need medication and treatment, you are not required to settle immediately. The insurance company is required to wait before you recover completely.
However, you alone can decide the amount fair to you as settlement. Take the assistance of your physician to decide the amount that you may seek for BI and future treatments related to the injuries.
Posted: Thu Dec 11, 2008 06:48 am Post Subject:
Is $5,500 sufficient for pains-and-sufferings? My friend, you can only say that. Probably this is the hardest part in any bodily injury claim to decide. However, the rule of thumb suggests that you may ask three to five times of the total medical expenses for the pains and sufferings. Add-up all your medical bills, doctors' visits and such to get an idea about the amount that you may seek as compensation.
Posted: Thu Dec 11, 2008 06:51 am Post Subject:
Do you know the statute of limitation of your state? You are, however, required to settle within the time limit and if the SOL is too short you may get a lawyer to sue the other driver at the small claim court.
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