Legal Question in Personal Injury in Minnesota
Bodily injury resulting from drunk driver
My son (age 16) was rear ended by a woman who was then arrested for dwi and criminal vehicular injury two weeks ago. This was her 3rd dwi. His vehicle was deemed a total loss by her insurance company. Her insurance company wants to settle the bodily injury claim. I would like to do this without involving an attorney. What is a typical or average settlement amount for this type of claim? His diagnosis was soft tissue injury, whip lash. He was taken to the hospital by ambulance, treated and released with physical activity restrictions.
1 Answer from Attorneys
Re: Bodily injury resulting from drunk driver
While I understand that you don't want to retain an attorney, you should consider your obligation to your son under the medical-legal standards before settling your son's claim.
Most doctors and chiropractors won't give an opinion on the permanency of an injury until one year after an incident which caused an injury. I would recommend that you wait at least that long before settling so that you have a better idea as to any injuries your son may have sustained.
Also, since your son is a minor, you will need to have any bodily injury settlement approved by the court and the proceeds deposited into an a court approved account. Your son will not be able to access any settlement proceeds until he turns 18. Is the insurer going to prepare the court documents and pay the filing fee, etc.?
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