Fare pain and suffering involving children?

by superman33 » Wed May 29, 2013 07:51 pm

I was involved in an accident where a man ran a stop sign and hit my jeep causing it to flip 3 times. My 2 children (4 and 3) were in the vehicle with me. I had to get a staple on the top of my head and now have a bald spot from the scarring and also have a scar above my eye and I still suffer from migraines. Both of my children had many bruises and were sore for a couple days and still talk about it months later. My medical bills total a little over $10k and my kids total $2008 each. They are offering $17,229.50 – the $10,729.50 goes directly to the hospital and $6,500 is to me for pain and suffering and they are offering $3,383.00 each to my children- $2008 each goes directly to the hospital and $1375 each for pain and suffering. Do you think this is fare?

Total Comments: 1

Posted: Sun Jun 02, 2013 10:52 am Post Subject:

You don't indicate what state this takes place in, and we don't know what the policy liability limits are. It's not for us to say what is fair or not; only you can determine that for yourself. The numbers sound a bit low, however, and you can ask for more than what has been offered. Start with an equal amount compared to the medical expenses, such as $10,000 for you and $2000 for each of your children.

If the insurance company is offering you $17,000+, it's reasonable to assume that the per person liability limit is at least $20,000 to $25,000, which means you could ask for about $8000 more than what they have offered (close to $15,000 for yourself). Given the force that overturned your vehicle as you describe, that would seem reasonable to me.

You can always start by asking for more. However, if your medical expenses are not yet final, you should not be agreeing to anything at this point in time. But you do have to keep in mind that a statute of limitations applies, which could be as little as 12 months, and if you violate the statute, you would not be able to sue, if worse came to worst.

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