Should I get a lawyer for this traffic accident or is it worth it?

My son got into a traffic accident for which he was not at fault; the other driver failed to yield right of way to my son. I had to go to police station to get the insurance info because my son was taken to the hospital via ambulance. He was diagnosed with whiplash and his vehicle was totaled. According to the officer I talked to on the phone, they were both going the speed limit but the damage that was done to my son’s truck makes me think that the other driver was going over the speed limit as it bent the frame; after we got it home and gave it a closer inspection we saw that it actually seperated the transmission from the drive train. My son has done physical therapy and still hurts from the accident. He did get a payoff from the other driver’s insurance company for his truck which was $4,300, however, for medical they only want to do $1,691. That doesn’t seem like enough for what has happened to him.

Asked on May 5, 2016 under Accident Law, Montana

Answers:

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

Answered 4 years ago | Contributor

Your son's personal injury settlement should include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills based on the medical reports and compensation for wage loss. 
Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.
The settlement offer on the personal injury claim should be rejected.  It would be advisable to contact a personal injury attorney.  If the settlement offer is unacceptable, the only recourse is to reject the settlement offer and file a lawsuit for negligence against the at-fault party.


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