If I was a Pedestrian and got struck by a part tied on a car which they say was not insured

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If I was a Pedestrian and got struck by a part tied on a car which they say was not insured

Should I receive a settlement for 1500 or should I receive more. I think I should at least get more.

Asked on February 7, 2017 under Personal Injury, North Carolina

Answers:

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

Answered 7 years ago | Contributor

That settlement offer sounds low; however, the settlement offer should be based on the following:  compensation for the medical bills, compensation for pain and suffering (an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury) and wage loss.
Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation fior pain and suffering is discussed above.
Don't settle the case until you have completed your medical treatment and have been released by the doctor or have been 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.  The reason for not settling the case until then is that you need to have your total medical bills, final medical report and documentation of total wage loss.
If you settle the case prematurely before having that information, you won't be able to go back later and ask for more money.
If you have completed your medical treatment, do you have any residual complaints of pain, etc.?  If so, that would mean larger compensation than someone who has fully recovered.  Do the medical reports mention future treatment and the estimated cost of that treatment discounted to present value? That is also a factor in determining whether or not a settlement offer is sufficient.  Do you have to reimburse your healthcare provider?  If so, that is another factor in determining whether the settlement offer will be sufficient after reimbursement of the health insurance provider.
You can continue negotiating in response to settlement offers.  If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit for negligence against the at-fault party.  The problem is that since the at-fault party was uninsured, you might not recover much of anything in that lawsuit.  Therefore, try to continue settlement negotiations.
Don't accept the first settlement offer because it will be low. 
 


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.

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