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.
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