Should I get a lawyer for this traffic accident or is it worth it?

UPDATED: Sep 30, 2022

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Should I get a lawyer for this traffic accident or is it worth it?

My son got into a traffic accident for which he was not at fault; the other driver failed to yield right of way to my son. I had to go to police station to get the insurance info because my son was taken to the hospital via ambulance. He was diagnosed with whiplash and his vehicle was totaled. According to the officer I talked to on the phone, they were both going the speed limit but the damage that was done to my son’s truck makes me think that the other driver was going over the speed limit as it bent the frame; after we got it home and gave it a closer inspection we saw that it actually seperated the transmission from the drive train. My son has done physical therapy and still hurts from the accident. He did get a payoff from the other driver’s insurance company for his truck which was $4,300, however, for medical they only want to do $1,691. That doesn’t seem like enough for what has happened to him.

Asked on May 5, 2016 under Accident Law, Montana


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

Answered 6 years ago | Contributor

Your son's personal injury settlement should include compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills based on the medical reports and compensation for wage loss. 
Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.
The settlement offer on the personal injury claim should be rejected.  It would be advisable to contact a personal injury attorney.  If the settlement offer is unacceptable, the only recourse is to reject the settlement offer and file a lawsuit for negligence against the at-fault party.

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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