What is a reasonable settlement for a car accident victim?

My daughter was on a university campus when a car hit her 3 years ago. She suffered a broken leg, her skull was fractured in 2 areas and her brain shifted. We were in ICU with her unconscious and then transferred to NICU. We continued occupational, physical and speech therapy into the next year. She still suffers from headaches/migraines, hips popping out of place, fatigue, depression, and is unable to exercise as she did before the accident due to the pain. The driver was underinsured. My insurance company is offering her $250,000 to cover pain and suffering past, present and future. and future medical costs. I have a $1,000,000 umbrella policy. Am I being unreasonable asking for more?

Asked on November 17, 2015 under Personal Injury, Wisconsin


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

Answered 5 years ago | Contributor

A settlement in an auto accident personal injury case should include compensation for the medical bills, compensation for pain and suffering, and if applicable, compensation for wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports which document the nature and extent of the injuries will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
You don't want to accept the first offer from the insurance company and should negotiate for more.  d on your umbrella policy, you should ask for more than the $250,000 that was offered.  I would ask for policy limits, but be prepared to accept a lesser amount to settle the case.
Since three years have elapsed since the accident, a lawsuit needs to be filed for negligence against the at-fault party because if the case is NOT settled prior to the expiration of the applicable statute of limitations, your daughter will lose her rights forever in the matter.

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