Severe Arm Injury from Car Accident – What Settlement Can I Expect?
Hello, I’m a 25-year-old man from Ohio and was recently in a car accident in the state. I was the front passenger in my friend’s vehicle when we slid off the icy road and collided with a telephone pole at approximately 20 mph. The impact occurred on my side, resulting in a serious arm injury.
Injury Details:
- Diagnosis:
- Comminuted proximal ulnar fracture at the olecranon process, with the bone breaking into multiple pieces and shifting out of position.
- Anterior dislocation of the radial head, indicating my elbow joint was also dislocated.
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Associated hemarthrosis, or internal bleeding in the joint.
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Treatment:
- I underwent surgery, which involved the insertion of 7 screws and 1 plate.
- I now have a noticeable scar extending from midway down my forearm to a few inches above my elbow, visible even in short sleeves.
- Post-surgery, I attended chiropractic and orthopedic appointments twice a week for 2.5 months.
- It will likely take years for full recovery, and I might require hardware removal in the future.
- Even now, simple activities like brushing my teeth or using a computer mouse lead to soreness and discomfort.
Financial Impact:
- Cumulative medical expenses and lost wages amount to approximately $50,000.
- My friend’s insurance policy limits are $250k/$500k.
- He has accepted full responsibility for the accident.
Given the seriousness of my injury, its long-term effects, and the policy limits, should I anticipate a settlement at the policy maximum? Would it be reasonable to pursue the full $250,000 coverage?
(I apologize if this post seems repetitive; I received new information regarding my friend’s policy limits.)
I would greatly appreciate any advice or insights!
I’m really sorry to hear about your injury—it sounds incredibly painful and challenging both physically and emotionally. Given the severity of your condition, the surgical intervention required, and the potential long-term implications for your everyday life, you do have a strong case.
Here are a few points to consider regarding your settlement:
Medical Expenses: You have already incurred significant medical bills amounting to about $50,000. This figure is a solid starting point for calculating damages, but it’s also important to consider future medical expenses, potential hardware removal, ongoing treatments, and rehabilitation that you might need.
Pain and Suffering: Injuries like yours can lead to substantial pain and suffering, both physical and emotional. The long recovery process and the lingering effects on your daily life, like difficulty with simple tasks, could justify a substantial payout in addition to your medical expenses.
Wage Loss: If your injury has or will impact your ability to work or earn income, that’s another critical component of your settlement. Make sure to document all lost wages meticulously.
Policy Limits: Your friend’s insurance policy of $250k per accident does indicate that there’s room for a full settlement. Given that he admitted fault, and considering the evidence of your injuries and the associated costs, it would be reasonable to seek the full policy limits.
Negotiation: Insurance companies often start with lower offers, so be ready to negotiate. Providing thorough documentation of your injuries, treatments, and their effects on your life will strengthen your position.
Consult a Personal Injury Attorney: It might be beneficial to consult with an attorney who specializes in personal injury cases. They can help you assess the full value of your claim, navigate the negotiation process, and ensure you’re not settling for less than you deserve.
In summary, pushing for the full $250k is reasonable given the circumstances of your injury and the financial impact it has had on your life. Good luck, and I hope you find a resolution that helps you move forward!