Family Injured by Reckless Driver – Seeking Guidance on Next Steps
Hello, about six weeks ago, my family and I were involved in a severe car accident on the highway. My husband was driving, I was in the front passenger seat, and our 17-year-old daughter was in the second row when we were struck from behind by a driver going at least 80 mph. The impact caused our minivan to hit the guardrail, become airborne, flip three times, and finally roll down an embankment. The back row seats ended up crushed into the second row, and the sliding side doors were so damaged they wouldn’t open. Fortunately, my daughter managed to crawl out of the back window to help both my husband and me escape.
We all sustained various injuries and were taken to the hospital. I suffered the most with a ruptured spleen and spent several days in the hospital. My husband experienced significant pain but fortunately had no broken bones, while my daughter had cuts and a seat belt injury. Shockingly, the hospital staff didn’t treat her cuts because they assumed she had said she was “okay” and agreed to receive no care. She was very concerned about our condition and did not want to take resources away from us, but neither she nor we signed anything indicating a refusal of treatment. We only discovered three weeks later that she hadn’t received any care. I contacted the hospital for an explanation, and they offered an apology, but that was all.
Now, our car is totaled—just three years old and nearly paid off—and we’ve lost personal belongings in the crash that we couldn’t retrieve due to the extent of the damage. I’m still in pain and struggling to sleep, while my husband’s discomfort has lessened but persists. The other driver has been found fully at fault.
I’m hesitant to hire a lawyer if I can manage without one, but I’m prepared to do so if absolutely necessary. I’m curious about what a reasonable settlement might be for pain and suffering, bodily injury, and the loss of our possessions. The other driver’s insurance has already covered our hospital bills, and I missed a week of work, likely returning too soon.
Today, their insurance company reached out to check on our condition since they hadn’t heard from us in a while. We were waiting for a settlement offer from them before reaching out. Since I’ve never dealt with a situation like this before, I would greatly appreciate any advice or insight on how to proceed. This incident occurred in Ohio. Thank you!
I’m really sorry to hear about your family’s traumatic experience. It’s completely understandable to feel overwhelmed by everything you’ve gone through, both physically and emotionally. Here are some steps you might consider taking as you navigate this situation:
Take Stock of Injuries and Documentation: Make sure you have all medical records related to your injuries, including any follow-up treatments or therapies, as well as documentation of lost wages from missing work.
Consider Future Impact: If you’re still in pain or worry about lingering effects, keep notes about how these injuries impact your daily life. This can be important in negotiations.
Consult a Lawyer: Even if you want to avoid legal action, it may be beneficial to at least consult with a personal injury attorney. They can provide guidance on what you might expect in terms of compensation and ensure that your rights are protected. Many offer free consultations, so it’s a low-risk option.
Settlement Expectations: Compensation can vary widely based on the severity of injuries, emotional distress, and loss of property. Consider looking into personal injury settlement calculators for rough estimates, but keep in mind that these are often very generalized.
Keep Communication with Insurance: Stay in touch with the other driver’s insurance company, but be cautious about what you share. It’s often best to avoid providing recorded statements until you’ve had proper legal advice.
Future Medical Needs: Consider any potential future medical expenses related to your injuries when thinking about a settlement amount. This includes ongoing treatment, medications, or therapy.
Emotional Distress: Don’t overlook the emotional impact this has had on you and your family. If any of you are dealing with anxiety, PTSD, or emotional distress, this can also be part of your claim.
Non-Economic Damages: Many personal injury settlements include compensation for pain and suffering. There are various formulas used to calculate this, typically involving a multiplier of your economic damages, but having an attorney can help you determine a realistic figure.
Remember that your health and well-being come first, both physically and emotionally. Seek support from friends, family, or professionals if you’re struggling to cope. Best of luck as you move forward, and I hope you and your family can find healing and closure from this experience.