Can I negotiate a higher settlement based on loss of loss of 3 days of planned vacation?

UPDATED: Sep 30, 2022

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Can I negotiate a higher settlement based on loss of loss of 3 days of planned vacation?

I was the passenger in a auto accident and sustained minor injuries, primarily whiplash. I went to a walk in clinic right after the accident to receive medical treatment. The accident occurred the day before a one week long-awaited family vacation with my 2 young children. Due to the injury I spent the first 3 out of 6 days laying in the hotel bed on pain pills and a heating pad on my neck. My children also missed out on all the activities we had planned. Can I negotiate a higher settlement based on this?

Asked on November 4, 2016 under Accident Law, Florida


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

Answered 6 years ago | Contributor

The $600 offered by the insurance company is absurd and should be rejected.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your total medical bills, all medical reports and total wage loss. Your claim filed with the insurance company should include those items. That would be the time to attempt to negotiate a settlement.
Compensation for the medical bills 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 which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  It would be difficult to quantify the missed vacation, but you can ask for something additional for it. Damages (monetary compensation) have to be specific. You could ask for expenses incurred during the lost part of the vacation.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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