Should I take someone to court to pursue additional compensation for an auto accident for which I was the passenger in the car driven by a driver found to be not at fault?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I take someone to court to pursue additional compensation for an auto accident for which I was the passenger in the car driven by a driver found to be not at fault?
I was involved in an automobile accident in December where I was a passenger in an automobile in which the driver of the other vehicle involved did not yield at a stop sign. I was offered a 1000 settlement fee for pain and suffering. Is this a standard/expected settlement award? I have sustained minor injuries and I am wondering if I should just take the settlement or if I should proceed with asking for further compensation.
Asked on April 11, 2018 under Personal Injury, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There isn't any "standard/expected settlement". Each case is different.
If you have completed your medical treatment and been released by the doctor, your claim filed with the at-fault party's insurance carrier should include your medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
There isn't any mathematical formula for determining compensation for pain and suffering. It depends on the nature and extent of your injuries and whether you have fully recovered or have residual complaints. Someone who has fully recovered would receive less compensation for pain and suffering than someone who has residual complaints after completion of medical treatment and being released by the doctor.
If the case is settled, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
One thousand for pain and suffering sounds low, but without seeing your medical reports and medical bills, no conclusions can be drawn.
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.