Visitor Question

What’s a Good Car Accident Settlement Amount for this Injury Case?

Submitted By: Dayna (Bainbridge, Georgia)

I was driving through an intersection with a green light at approx 30 mph and was struck by the at-fault driver (per police report) in the front driver side. My car was totaled and my baby was in the back center (restrained). She was okay. My car was spun around and I was hysterical about how my baby was.

I had a broken wrist, now healed. My body was bruised and sore, now healed. My neck and shoulder area maintains a constant degree of pain during the day and night – usually bad at night in certain lying positions.

Typically, it’s very difficult to deal with after working around the house or trying to do simple exercises. My neck, according to my doctor, will never be back to pre-accident status. I am a housewife and mother to four children ages 10 and under.

The accident was violent since the other car had not attempted to stop. My baby and I were taken to the emergency room via ambulance, treated and released. My medical treatment started thereafter.

My medical bills were:

Me – $4700 My child – $300

I have no further medical appointments planned and will deal with the on-and-off neck pain as required.

I was offered a settlement of $10,500 for me and $600 for my baby. I have not hired an attorney, but would settle fairly. I do not know what a fair settlement might be at this point. Any guidance would be appreciated.

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 Dayna,

I would say that your current settlement figure seem strong, particularly in light of the fact that you are not represented and may not have to split your settlement with an attorney. I have seen cases in such magnitude settle for more, however I can only assume that there are also similar cases that have settled for less.

Here’s a thought: If this is the first offer, I am confident that there is more money on the table. Insurance companies NEVER start with their final offer.

If you have negotiated a bit and the numbers quoted are the result of a lot of discussions and letter back and forth, you are probably very close to settling. With that on your mind, you should be able to determine whether additional negotiation is in order.

Aim high as you can always come down from that number, but it is far more difficult to go up once a figure has been proposed by you.

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: September 3, 2011

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