Visitor Question

How much to settle for a child’s basilar skull fracture?

Submitted By: Carmen (MI)

My child was riding in an SUV with a friend’s family on the highway.

Construction was being done on the road, which caused traffic to come to a stop. The driver behind them was not looking and could not stop, and ran into the side of their SUV going 70 mph.

The impact caused them to hit the Saturn in front of them and the SUV rolled 3-4 times, landing upside down. The mom was able to break the glass and get all 4 kids out. The paramedics got the driver out. My child received a basilar skull fracture from the accident. How much is this worth in settlement? How do I pursue this? 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 Carmen,

The State of Michigan is a no-fault insurance state. In basic terms, no-fault insurance means when a driver is injured in a car crash, that driver must first turn to his or her own insurance company for compensation, and not to the at-fault driver’s insurance company.

Michigan’s No Fault insurance policies are divided into three (3) parts:

First: Personal Injury Protection (PIP)

If you are injured in an car accident, PIP will pay all of your medical costs. It will also pay up to 85% of your lost wages during the time your were injured and through your required treatment.

Second: Property Protection (PPI)

Your insurance company will pay for damage you cause to other people’s personal property, including buildings, fences, and other personal property.

3. Residual Liability Insurance – Bodily Injury and Property Damage

In most cases, you will be covered for claims made by those persons or their estates if your driving on a Michigan Roadway caused someone to be killed, seriously injured, or permanently disfigured.

The accident involving your child was of the most serious kind. There are too many variables in a case like this for a non-lawyer to handle the case themselves. Moreover, without knowing the type of medical care required, the period of recovery, possibility of permanent injuries, and aggregate costs of treatment, it is impossible to tell you what the case is worth.

Fortunately, most personal injury attorneys do not charge for initial office consultations. Organize your daughter’s medical records and bills and seek the advice of several personal injury attorneys in your area.

After reviewing your daughter’s medical records and the facts of the claim, the attorneys will be able to give you a better idea of the viability of your daughter’s claim, and a very approximate amount of settlement you might expect on behalf of your daughter.

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: April 24, 2016

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