Visitor Question

My daughter hit her head on the rearview mirror in a car crash…

Submitted By: GW (Denver, CO, USA)

My daughter was riding in the center of the automobile in the front seat when a driver ran a red light due to failed brakes. They hit another car in the intersection.

The crash caused my daughter to slam her head into the rear view mirror. Glass from the mirror shattered causing cuts and bruising on her forehead, eyebrow and nose. She needed stitches in all three areas.

Some scarring still exists at this time. I’m wondering if the insurance company is being fair for her damages. They are offering a $3,200 settlement minus $533 for medical bills.

Is this fair? Would her scarring make the settlement bigger? Thanks for any help 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 GW,

From the facts you have provided, particularly her medical bills, a settlement of over three thousand dollars seems fair and reasonable. Whether your daughter has a scar, however may change things substantially.

When you hear the term pain and suffering, this involves many factors. One of them is permanent damage because the goal of personal injury law is to return the plaintiff to the position they would have been in but for the accident.

When a party is scarred though, you are essentially unable to return them to pre-accident condition. The only way to compensate the plaintiff then, is through a higher settlement.

If your daughter had a few cuts and bruises but is basically back to normal, the settlement you have received sounds very fair.

If she has a scar, you may wish to see a plastic surgeon who can evaluate the costs, healing time and aesthetic look of a potential surgery. This will be helpful as you prepare to settle your case.

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 24, 2010

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