Legal Question in Insurance Law in Maryland

Accident Settlement

My husband was involved in a car accident in which the other person took full responsibility. In MD, the bills have been paid by our insurance company. The injury he had was a ligament in his hand ripped in half and he had surgery to sew the ligament together. He seems to have no permanent injury other than an ugly scar and a lump of scar tissue but can use the hand fine. The insurance company is calling this week to offer us a settlement and to be honest, I don't want to rip them off but also don't want to be taken advantage of because he did go through a lot of pain. I'm wondering in what ballpark figure he should agree to?? We've never been through this before and aren't interested in seeking an attorney to drag it out - he just wants his fare settlement.


Asked on 9/08/08, 8:34 am

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Accident Settlement

There is not enough information to put a dollar amount on this claim.

You should obtain the assistance of an attorney who can present your case, negotiate settlement, and ensure that other matters such as a health insurer's rights of reimbursement and subrogation are properly addressed.

Have your husband contact me so that we can discuss his case.

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Answered on 9/08/08, 5:52 pm
Daniel Press Chung & Press, P.C.

Re: Accident Settlement

If there was hand surgery, this was a serious injury. It's hard to say what a fair settlement would be from the facts presented, but I can assure you that the insurance company will not offer you a fair settlement without the assistance of an attorney. They won't tell you, for example, that your legally valid claim includes the medical bills that were paid (or that if they were paid by your health insurance company, you will probably owe them back to that insurance company upon receipt of a settlement from the other driver's insurance company), or claims for permanent pain and/or disfigurement. They know that you can't sue without a lawyer, so they know their risk is minimal, and risk of losing is what makes them offer more.

A lawyer has no interest in dragging this out, but it is very likely that a lawyer will be able to recover enough more to put you ahead of what you would get without a lawyer, even after paying the fee.

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Answered on 9/08/08, 9:39 am


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