How much should my settlement be?

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How much should my settlement be?

I was rearended and had whip lash and
was treated for 3 weeks. My daughter
was in the car and was hurt also. The
other driver admitted fault.

Asked on October 10, 2018 under Accident Law, Oklahoma

Answers:

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

Answered 5 years ago | Contributor

It is not possible to answer your question because the amount of your settlement offer will be determined by your total medical bills, pain and suffering which is an amount in addition to the medical bills based on the medical reports which document your injury and medical treatment, and wage loss.
Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering depends on the medical reports and whether you have any residual problems.
If you only had three weeks of medical treatment, your settlement offer will be low because the insurance company will claim you were not seriously injured since the usual time for treatment of whiplash is a couple of months.
Your daughter's personal injury case is separate from yours.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, your only recourse is to reject the settlement offers and file a lawsuit for negligence against the at-fault party.


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