How much should I ask for or what amount should I expect from an auto accident settlement that wasnt my fault?
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How much should I ask for or what amount should I expect from an auto accident settlement that wasnt my fault?
My 9 year old son and I were in a car accident
Monday. The other driver was at fault he crossed
the center line and hit us head-on. I got a bloody
nose from the air bag and bruise on my shoulder from
the seatbelt. My son got a burn/scrape on his neck
from the seatbelt. We went to the doctor the next day
to be checked out because my neck began to hurt.
My son was cleared as he had no pain, the dr
ordered an x-ray of my neck and diagnosed me with
whiplash and prescribed muscle relaxers. Thursday
my back started hurting so I went back and an x-ray
of my back was ordered and I was started in physical
therapy. The other drivers insurance company will
have to get back to me but I think my truck, a 2017
Chevy Silverado Z71 crew can will be totaled. The
accident happened in VA, I live in KY. Between my
truck damage, medical bills and injury, how much
should I ask for or expect to get in my settlement? I
have never been thru anything like this before so I
dont really know how it all works
Asked on April 22, 2018 under Personal Injury, Kentucky
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your property damage claim is separate from your personal injury claim.
The property damage claim will be based on the value of the truck.
It is not possible to determine what you may receive as a personal injury settlement because you haven't completed your medical treatment. 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 medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are 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.
The total medical bills, all medical reports and especially the final medical report, and total wage loss will need to be obtained in order to determine how much to seek in a settlement.
For example, with regard to pain and suffering, if you fully recover, you would receive less compensation for pain and suffering than if you have residual complaints.
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 at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence 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 AttorneyPages.com 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.