Legal Question in Personal Injury in Ohio
Auto Accident Liability Settlement Amount
My wife was involved in an auto
accident in which the other driver
was at fault. Safeco Insurance has
accepted liability for the claim. My
wife's 2008 Ford Fusion was a total
loss. They have already replaced
her vehicle. We have about $9200
in medical expenses from July to
her medical release in October. We
are now being offered a final
settlement of $10,000. I believe I
need an attorney. Should that
amount not be more like 20k-30k?
1 Answer from Attorneys
Re: Auto Accident Liability Settlement Amount
Without knowing the facts it is hard to say, but this sounds far too low if the medical bills alone were over $9,000. It sounds as if you are being offered only compensatory damages with no recovery for pain and suffering. You should definitely talk to an attorney about your case before you settle. Many insurance companies will attempt to settle your claim quickly before you talk to an attorney and/or discourage you from hiring an attorney under the premise that you could "save on legal fees." However, in reality, an attorney will be able to help you achieve a complete recovery and ensure that you are not overlooking anything. There are several possible aspects to the recovery in a personal injury case that include (but are not limited to) compensatory damages (i.e., property damage, medical bills, continuing care, lost wages), pain and suffering and possibly even more obscure claims such as loss of consortium (a claim you would have as the husband) depending on the nature and scope of your wife's injuries. An attorney can also help you make sure you do not settle the claim before the full nature and extent of the injuries and any long-term or permanent effects are known. You do not want to settle prematurely now and then find out that your wife faces medication or therapy costs down the road that you did not account for. Most attorneys will provide a free consultation and handle the case on a contingent fee basis. The increased recovery will usually far exceed the percentage you will pay in attorney fees.