Visitor Question

Settlement amount for neck injuries from a T-bone accident?

Submitted By: Anonymous (Grayson, Kentucky)

A woman t-boned me on the drivers side when she ran a stop sign one night. I was alone, and had my seat belt on. There was a witness and the woman’s insurance company has already accepted responsibility.

It happened in Ohio were I am working. I stay there for two or three weeks at a time then come home for a weekend where I live in Kentucky. This is accident was not work related.

My insurance company is paying my medical bills. Which add up to around $3800. I had a cervical neck strain and lower back strain. I’m doing alright now. How much should I ask for in a settlement? And can I get all my lost wages back? My car was totaled.

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 Anonymous,

Presuming the insurance company has accepted liability on behalf of their insured, you have a right to reimbursement for all your medical bills, your out-of pocket-expenses (for such items as medications, bandages, neck braces, costs of travel to treatment, wheelchairs, etc.), all your lost wages, and for your pain and suffering, sometimes referred to as emotional distress.

For victims, there is no chart, formula, or other tangible reference upon which to rely when making settlement demands upon insurance companies.

The injuries you sustained are referred to as “soft tissue” injuries. These are normally sprains and strains to muscles, tendons, and ligaments, bruising, minor abrasions, whiplash, and other similar injuries. This is in contrasts to the more serious “hard injuries” such as fractures, 3rd degree burns, head trauma, disfigurement, and like injuries.

In soft tissue injure claims insurance companies rarely pay more than 1.5 to 2 times the amount of medical bills, in addition to lost wages and expenses. In rarer cases, they’ll pay 3 times medicals. This presumes the victim is not represented by an attorney. When an attorney becomes involved, the multiple normally goes higher.

It is important to note, if you succeed in a settlement, your insurance company may require you to reimburse them for the $3800 they paid on your behalf (this is known as “subrogation”). You’ll have to review the details of your policy to know for sure.

In the State of Ohio, the required minimum insurance coverage is:

  • $25,000 for injuries to one (1) person in one collision
  • $50,000 for two (2) or more persons a injured in one accident
  • $10,000 for property damage

For more information about Kentucky’s car insurance requirements go to the Kentucky Transportation Cabinet website.

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: October 19, 2017

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