Auto Insurance Claims: pain and suffering payment, 2nd degree burns, fractured sternum


Question
My mother was invloved in a hit and run accident with a drunk driver, he was charged, is insured in New York State, as is my mother. She had medical bills of about $6000, as she suffered a fractured sternum and 2nd degree burns to her arm, hospitalized for 3 days. She was doing childcare, earning $300/wk, the doctor disabled her for 4 months. Total loss of income was $4800.00. Auto damage was $9000. Her sternum fracture will take a full 6 months to heal, and may not heal correctly, due to the fact that she is a senior. What can she expect as an award for pain and suffering ? What would be a reasonable offer to accept ? Insurance adjuster is going to be making an offer this week. This accident occured in New York state as well. Thank You.

Answer
Hi Greg,

Generally, injury settlements will range from 3 to 10 times the amount of the medical bills, plus the lost wages. Your mothers actual settlement will be based on the extent of injuries, the length and cost of treatment and the prognosis for recovery.  I have not seen the entire medical record so it is hard to be specific but based on what you have told me I would think that any settlement should fall in the range of $40,000.00 to $60,000.00. You should be prepared for the insurance company to initially make an offer that is much less. The insurance company has no interest in providing proper compensation, on in paying enough to make you go away. If you do not feel the offer they make is reasonable, you should stop any conversation with the insurance company and seek the advice of an attorney in your moms area.

I hope this helps
Richard Hixenbaugh