Legal Question in Personal Injury in Ohio

How do I know what a fair settlement amount is?

My 17 year old son was involved in an automobile accident in March 2007. The roads were slushy as it had been snowing. The truck in front of him slid off of the road, my son pulled off of the side of the road to make sure the woman was okay when another car smashed into the back end of him sailing him up on his car and back to the ditch. He had leg and ankle injuries which required 6 weeks medical treatment and therapy, medical bills ran $7,200.00. His car was totaled. Insurance adjuster wants me to settle for $9,000 which in my opionion is not a fair settlement. I missed 2 weeks of work taking care of him, he missed a month of school and work. How do I know what a fair settlement is and how do I relay this to the adjuster who thinks what he is offering me is fair? The adjuster has also stated that anything over 10,000 would have to go thru the courts for approval, never heard of this before, because he is a minor? Any advice? Thanks!


Asked on 9/18/07, 11:03 pm

2 Answers from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: How do I know what a fair settlement amount is?

A fair settlement is one that will "make you whole." Your son and you should be compensated for all medical bills and lost wages. If a health insurance company paid for the medical bills, it will probably want to be reimbursed for the payments. Your son should also be compensated for pain and suffering, emotional distress, and any limitation in his physical abilities as a result of the injuries. The amount offered seems to be low to me, but I do not have all of the facts to make a really informed decision. All settlements with minors should go through Probate Court which has to approve the settlement. The only difference between a settlment over $10,000 is that if the settlement is under $10,000, a guardian does not have to be appointed for your son. Any further questions, please let me know.

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Answered on 9/19/07, 8:04 am
Peter Ezanidis Donnellon & Ezanidis, LLC

Re: How do I know what a fair settlement amount is?

You should meet with an attorney prior to settling with the adjuster. Feel free to contact our office for a free case evaluation.

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Answered on 9/19/07, 9:55 am


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