QuestionQUESTION: What would be a fair request for pain and suffering? Ok, this is the situation. My two children ages nine and six were in a car accident in Virginia June of this year. My father was the driver (0% his fault). They were stopped at a red light when an eighty something year old lady had a diabetic episode and crashed into the back of my Dad's minivan going 55 mph. The impact pushed my Dad's vehicle into oncoming traffic. Luckily they did not get hit again. The impact caused the back of the drivers chair to break and fall onto my son (age 9). My daughter (age 6) slid out of her booster chair. Needless to say they were scared to death. Amazingly no one was seriously injured. My daughter complained about some neck pain and underwent cat scan etc. My son had some soft tissue damage to his leg. He walked with a limp for awhile. I honestly don't know what to ask for. This woman could have easily killed my family. She has no recollection of the accident. It enrages me that she drove knowing she was feeling funny. To me she was negligent and no different from a drunk driver. I want to ask for $200,000 Her claims person even said she was surprised that she wasn't injured worse than she was, considering the state of her vehicle. Both vehicles totaled by the way. My children were terrified for awhile to drive in the car especially at a stop. Is there anything other than pain and suffering we could or should consider? Again, only by the Grace of God that my children and my father are still here. Breaks my heart to think how easily she could have taken my babies from me. Thank you for your time and help.
ANSWER: I will need more info to answer your question fully. How much do the medical bills total for each? Please describe your son's leg injury in more detail. Did they miss any activities? If so, what and for how long. How long were the kids afraid to drive in the car? Any ongoing problems or do you anticipate and future expenses?
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QUESTION: *How much do the medical bills total for each? * My daughter's bill was more than my sons....total for both was a little over $3000.
*Please describe your son's leg injury in more detail* My son had a large bruise and welt/lump on his shin that finally went away in Sept. He still has a faint bruising on his shin. He says that it doesn't give him any discomfort anymore.
*Did they miss any activities?* Well, they were out of school for the summer so they did not miss any school. So I guess the answer would be no. My son did tell me that his leg pained him alot when he was at swim practice.
*How long were the kids afraid to drive in the car?* My son's fear subsided by the end of Sept. He still feels nervous when sitting in the back seat. My daughter though still has fear when she is traveling in the car...of course not as severe as it was when it first happened. She feels very uneasy and stressed.
*Any ongoing problems or do you anticipate and future expenses?* Honestly don't know, never been in this situation. Only things would be if my daughters fear doesn't go away and/or for some reason my sons leg starts giving him problems which at the moment it is not.
Again, thank you very much.
AnswerHi Nadia,
The insurance company will try to settle your case for their estimate of the amount that a judge or jury would award if the case went to trial. They are responsible for compensatory damages, which in this case is money for the medical expenses, pain/suffering, prior anxiety about driving, and future anxiety about driving.
I understand you are angry. But this is not a case where punitive damages would apply. This is strictly negligence. The $200k figure is not realistic.
You need to consider that it is possible the insurance company will take the position that they have a medical defense. If the woman had no reason to know she would pass out, she was not negligent. If a judge/jury were to decide that was the case, she or her insurance company would owe you nothing. From your description, it sounds as though she was negligent for driving when she was "feeling funny," so I doubt they would prevail with such a defense. But it is possible.
Based on the factors you describe, my opinion is that each claim is worth a range between $3500 and $5500. That is for each child. So a settlement anywhere in that range would be fair for each child. Probably closer to $4500 for each.
The insurance company will evaluate each claim in a range, as opposed to a set figure. They will not tell you this and they will not tell you what their range is. But they will make you an offer in the lower end of the range. They will then negotiate with you and try to come to a final settlement within their range.
It normally takes some back and forth before a final settlement is reached. They start with an offer, then you respond with a counter. Each time, you should make arguments in favor of a larger amount. Plan on about 3-4 offers and counters.
Here are some arguments to make:
-very heavy impact and damage, including broken seat, both total losses
-lots of fear and anxiety from the kids, and this is continuing. Explain how this impacted family life, and concern about possible need for future psychiatric care (even if not likely, still possible)
-took 3 months for bruise to heal
-woman's behavior was grossly negligent, could have killed family
Good luck!
