If my 6 year-old and I were in an accident that was 100% the other driver's fault, what can we expect in terms of a settlement?

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My daughter broke both arms and was in significant pain for several days. She had trouble doing anything on her own for weeks. I had 25+ stitches in my knee, a bad burn across my chest from the seatbelt, and a shoulder injury that required physical therapy twice a week for 5 weeks. I did not lose any wages because I do not work, but I stay at home taking care of my 5 children, aged 6-1. We had 24/7 help for a week after the accident and lots of other help for weeks. Truly, it has turned our lives upside down since it happened at the beginning of March this year. Should  speak with a personal injury attorney about this? I'm in Marion County, IN.

Asked 7/5/2010 under Auto Accidents | 823 View(s) | More Legal Topics

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Auto Accidents Law Answers

Marc Sedwick / Marc S. Sedwick, Attorney at Law, P.C. Answered 1 year ago | Contributor This attorney is licensed in Indiana

It really depends as to what a fair settlement might entail.  For example, how is your daughter doing now?  Has she regained full use of both arms without any range of motion limitations?  Based off your summary, I would be real hesitant to take a quick settlement and depending on your daughter's injuries, I would say it is worth quite a bit more than just a multiple of your medical expenses.  Overall, I would say you and your daughter would be well served to work with an experienced injury attorney if you are not already working with one.  Marion County is a good venue too.  Also, beware that you have two years from the date of the collision to file a lawsuit against the responsible party (in order to protect the statute of limitations) and your daughter has two years from her 18th birthday to file a lawsuit to protect the statute.  If either of you do not protect the statute, your case will forver be barred.  Best of luck with the cases!

When medical treatment is completed and you and your daughter are released by the doctor, you should obtain the medical bills and medical reports for both yourself and your daughter.  These are two separate claims.  You will need to be appointed guardian ad litem on behalf of your daughter regarding her claim since she is a minor.

The medical reports will document the nature and extent of the injuries and will be used to determine the amount of compensation you and your daughter receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Compensation for the medical bills and the cost of the help you received during the weeks after the accident  would be straight reimbursement.  The additional compensation comes from pain and suffering.

It is not possible to estimate the amount of a settlement without knowing the total medical bills and reviewing the medical reports which would have information regarding any residual complaints, scars, potential future treatment, etc.  I would usually ask for quadruple the medical bills, but NOT expecting to get anything close to that as compensation for pain and suffering.  This is a starting point in negotiations.  The insurance carrier will respond with a much lower offer as a starting point in settlement negotiations which you can reject and continue negotiations.  If you are dissatisfied with settlement offers from the insurance company, you can file a lawsuit for negligence against the other driver.  If the case is NOT settled, you will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.

It would be advisable to speak with a personal injury attorney. 

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