How do we know if we are getting fair compensation regarding an accident settlement?

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How do we know if we are getting fair compensation regarding an accident settlement?

My 21 year old daughter and 10 year old son were involved in an accident last week. My daughter received an offer for her 14 year old car which was totaled. However, there was no mention of my son or any type of non-economic damages. What should they do before accepting this offer?

Asked on June 30, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Were there other damages, other than the car? If so, what were they? You can only recover compensation for actual injuries, damage, and costs. If you and/or you son needed medical treatment, you should also receive compensation for your out-of-pocket (not paid by insurance, etc.) medical costs; if you missed work due to this, you should be compensated for lost wages; if you or your son suffered long lasting (typically months or more) significant disability or life impairment, you might receive something for "pain and suffering"; if you had to pay to have your car towed, or pay for a rental for a reasonable time while buying or leasing a new car, you might get something towards those costs. But if your only loss was the 14-year old car, that's all you would be entitled to; you can, as stated, only get compensation for actual costs, injuries, and losses.


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