How much should Iaccept regarding a personal injury suffered on a city bus?

I was in an accident on a city bus. My injury was my back and neck; I had to have surgery on my shoulder. I am being offered 12,000. Should I take it or should i consult with a personal injury attorney? I’m in Kings County, NY.

Asked on October 24, 2011 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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

Whether or not $12,000 is a reasonable offer depends on the following: The amount should compensate you for the medical bills, pain and suffering and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for documented wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Are you still having pain or other complaints after completing your medical treatment?  If so, the amount of compensation you receive would be more than someone who has fully recovered.  Do the medical reports anticipate future treatment?  If so, then the amount of compensation you receive should be sufficient to cover the estimated cost of future treatment discounted to present value.  Once you accept the settlement, you won't be able to go back to the insurance company and ask for more money in the future. 

If you are dissatisfied with settlement offers from the insurance company, you can reject the settlement offers and file a lawsuit for negligence against the bus company.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, your lawsuit against the bus company must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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