Legal Question in Personal Injury in Ohio

Minor Accident Settlement

My wife was in a minor auto accident. She was hit by another driver(100% their fault) An Auto Insurance Co. offered $1000.00 plus the $338.00 Dr. visit to my wife for soft tissue pain and suffering. The claims agent said that it was only worth $500 +plus medical, but was generous to make it $1000. Question, Am I greedy or is this amount in today's business a token? And when they say that is all, final offer, is that to scare us?


Asked on 1/31/06, 2:15 pm

3 Answers from Attorneys

Frank Gresley Law Office of Frank X. Gresley, LLC

Re: Minor Accident Settlement

In order to fully answer your question, an exact anaylsis of your wife injuries would need to be done. You state she has soft tissue injuries but do not state what type or how the injury has affected her. That information would be needed to fully assess her damages. If you have any further question please contact me.

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Answered on 1/31/06, 3:04 pm
Eileen Joyce Baughman & Joyce LLC

Re: Minor Accident Settlement

It somewhat depends on the identity of the other driver�s insurance carrier (some will drag you through a trial over a few hundred dollar difference in perceived settlement value) and it depends on (1) the type of injuries; (2) whether the $1000 includes or excludes property damage, if any; (3) whether your wife has any lost wages or incurred other expenses as result of the accident; and (4) whether your wife�s injuries have resolved and/or whether there is any risk of residual damage. If your wife�s car was not damaged (or if the insurance company has already separately paid to repair the vehicle), your wife has not incurred any other expenses (e.g., additional medical bills) or wage loss, your wife�s injuries truly are typical soft tissue injuries such as a strain or sprain, and your wife�s injuries have completely resolved without any need for future treatment (which can only be determined by a medical professional), then I think that the insurance company has made very a reasonable a offer. A different answer to any of those variables, however, would alter the settlement value.

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Answered on 1/31/06, 3:25 pm
Timothy Hess T. Hess & Associates, LLC

Re: Minor Accident Settlement

This is an attempt for the insurance company to get a quick settlement. If the Emergency room visit was the only Dr. she saw with no follow up care this might be all they will offer. There are alot of additional facts I would need to know to evaluate your case properly. Feel free to contact me. 216.227.0900

--Tim Hess

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Answered on 1/31/06, 6:51 pm


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