Visitor Question

Low ball settlement offer after getting hit by oncoming driver?

Submitted By: Louise (Missouri)

My Husband and I were traveling south on a two lane highway. A north-bound auto crossed the center line to make a left turn and collided with our left front side. I received a fractured sternum and severe contusions to my pelvic area, left side and breast, and right thigh.

It has been 4 days since the accident. At this point I am still unable to sleep in bed, and unable to get in and out with out severe pain to the chest. The insurance has offered medical bills and five hundred dollars for the pain. This seems really low ball. The other driver is totally at fault, as stated by the state police. All my injuries are due to the force of the seat belt upon impact.

Does their offer seem right? What can I do to get more compensation for my pain and suffering? Thanks for any info you can give.

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 Louise,

A fractured sternum, severe contusions to your pelvic area, left side, breast, and right thigh are very serious injuries. From the facts you present the insurance company seems to be taking advantage of you. With clear proof the other driver was negligent, you are owed much more than just your medical bills and five hundred ($500.00) dollars for your pain and suffering.

Like the game of Monopoly, go straight to a lawyer… don’t stop anywhere else. There are some injuries which can be handled without an attorney. They are called “soft tissue” injuries and include sprains, strains, minor cuts and abrasions, and the like. More serious “hard injuries” such as fractures, concussions, deep gashes, scarring and the like are considered “hard injuries.” Hard injuries should only be handled by an experienced personal injury attorney.

You would be well-advised not to speak with the insurance company further. Certainly do not sign any papers which they, or anyone else, other than your own lawyer, presents to you.

Place your claim, and possibly your husband’s, with an attorney. Most personal injury attorneys do not charge for an initial office consultation. Visit with several until you feel comfortable. Bring along copies of all your medical records, crash photos, documents from the insurance company, the police report, emails, and all other information related to your claim

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: March 4, 2014

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