Legal Question in Personal Injury in Virginia
Settlement amount for auto accident involving an unborn baby & mother
I was in a car accident in 2/02 where the other party was at fault. I was 6 months pregnant and sustained injuries from the seat belt to the fetus. I spent 24 hours in the hospital with early labor contractions and the doctors thought that the placenta had separated, in which case nothing could be done to save the baby. I was released after 24 hours and told if there was any bloody show that I should come right back. Fortunately, nothing happened except experiencing additional contractions for the remainder of the week with a lot of nausea. The hard contractions subsided and the healthy baby was born only a week early. My question is: with about $2500 in doctors/hospital bills the insurance company has offered $7000 to settle the claim. I really don't have any other claims--I was a student and missed about a week worth of classes--so I'm just trying to identify what pain & suffering is worth for myself and for the infant. I was a mental/physical wreck with the thought that the baby was going to be aborted or have some permanent injury, however she's perfect. I read that insurance company's base their offer on the medical bills and multiply by some factor.
2 Answers from Attorneys
Re: Settlement amount for auto accident involving an unborn baby & mother
3 x $2500= $7500. As long as it's very certain that there are no residual or latent physical injuries to either you or the child, I would take this amount and run.
Re: Settlement amount for auto accident involving an unborn baby & mother
Most soft tissue injuries settle at a factor of the special damages in the case. However, if the case has a significant factor such as mental anguish or inconvenience, the traditional factors are not helpful is determining the value of the damages.
Should you wish to meet with me, please call 703-926-3900. I would be glad to help you determine the value of the case.