How much should we settle for on an auto accident?
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How much should we settle for on an auto accident?
My son was injured in an auto accident, he received, concussion, a cut on his head that required 4 staples, lower back a cut on other side of head that did not require staples, he pulled the tendons in his lower back, and now suffers for lower back pain, and headaches almost daily. Insurance wants to give him $1000 for his pain and suffering. Should we speak with a personal injury attorney? In Johnson County, TX.
Asked on October 12, 2011 under Accident Law, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to speak with a personal injury attorney.
The one thousand being offered is completely inadequate considering that your son has residual complaints of back pain and daily headaches. There isn't any mathematical formula for determining compensation for pain and suffering. I would normally ask for quadruple the medical bills to compensate for pain and suffering but NOT expecting to get that. This would be a starting point in negotiations. The insurance company will respond with a much lower figure as a starting point in negotiations. Try to negotiate a larger amount. If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit for negligence against the at-fault driver.
If your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his behalf because a minor cannot file a lawsuit himself.
If the case is settled with the insurance company, NO lawsuit is filed. If the case is NOT settled with the insurance company, the lawsuit for negligence against the at-fault driver must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
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