Visitor Question

16 Year Old Rear Ended by Truck…

Submitted By: Kanyon (Poteau, Oklahoma)

I was stopped behind two cars and a lifted truck was coming towards me not slowing down. I saw him coming and knew he would hit me so I braced myself and got hit at approx 40 mph. My wrist hit the steering wheel and broke my watch completely off my wrist, I also injured my back.

I had weekly chiropractor visits for about 2-3 months. I went to the emergency room several times because of the pain and tightness in my back. The injuries I received in the crash were: bruised back muscles for 2 months, muscle spasms for 3 months, muscle tightness for 4 months, and a “pretty good” case of whiplash (which was treated over a period of 3 months).

I have a lawyer, one of the best in my state. What could I expect to get out of this if it does not go to court, to be more specific what is the lowest I should accept? I know the lawyer will take 1/3 and also know that when you injure a minor it’s a whole other thing then when adults get in wrecks. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kanyon,

You must understand it is entirely inappropriate for us to interfere with the attorney-client relationship you share with your Attorney. That being said we can review a few general principles related to the expectation of settlement amounts arising out of a personal injury case.

There are several factors which are considered when estimating settlements amounts…

First is the accumulation all of the medical bills related to you injury. These are also called “Hard Costs” and include any of your past and present medical bills.

Second is the accumulation of all of your out of pocket expenses. These include prescription medications, bandages, and other like costs related to your treatment and recovery.

Third is the amount of any of your wages lost during the time of the collision, treatment and recovery period.

Your Attorney will use a combination of all of these factors, primarily relying on your Hard Costs in her determination of a probable settlement amount.

From the facts you present; specifically the lack of actual amounts of Hard Costs, Out of Pocket Expenses, and Lost Wages, it isn’t possible to give you specific amounts, including the lowest amount, you should settle for.

Because you are a minor, the settlement amount will assuredly not be given to you directly. Instead it is likely the amount will be placed into a trust administered by your parents or legal guardian. The amount will be invested and the principal and interest will accrue until you reach the age of consent.

Best of Luck,

Law Guy

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 21, 2011

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