Auto Insurance Claims: pain and suffering settlement, pain and suffering settlement, measurement tool


Question
Two weeks ago my 3 children were in an accident, the other party ran a stop sign so it was determined to be 100% her fault, my car was totaled.  We were all taken to the E.R., my 5 year old son has a medical bill of $1619 for x-rays, and came out with chest contusions, my 7 year old son has a bill of $1167 for x-rays and also had chest contusions, my 1 year old son did not have x-rays and has a bill of $125.  My bills total $5500, I have a broken rib and severe cervical strain, have been back to the doctor and put on prescriptions.  The claims adjustor has offered to pay my children's medical bills and pay me $300 per child for pain and suffering.  I had not asked for the pain and suffering money, it was something I was thinking about but she brought up the subject first.  Is this a fair settlement, or are they just trying to get me to sign off on the kids before I figure out that I may be entitled to more money?  Also, what would be a fair amount for me to ask for myself with med bills of $5500?  Thank you.

Answer
Nichole,

None of that sounds even remotely fair.  That's an adjuster trying to pull the wool over your eyes before you've had a chance to determine that you're entitled to much more.  There's few things that upset me more than the situation you just described.

I personally don't agree with this measurement tool but a lot of people guess-timate that you should be entitled to 3 times your medical bills.  That's the bare minimum.

If you'd like you can give me a call at (212) 557-2776 X6870.  I can give you a run down on the value of your case and, if you'd like, put you in touch with a good attorney in your area.

Please don't let them get away with this.

Best regards,

Ernest Ferraro