I was struck by a car while crossing the street in a crosswalk. The driver was a woman in her late 50s. After the incident, I informed her that I would be pursuing legal action, and she stopped her vehicle. I sustained some bruises and called 911. The following day, I experienced body pain and soreness that lasted for a month. I had X-rays, which thankfully showed no serious injuries.
While discussing the incident with her insurance company, I learned that she claimed I only hit the dashboard and fell afterward. When the police arrived at the scene, they noted that both parties needed to be more cautious but did not issue her a citation for failing to yield. The crosswalk where I was hit did not have a button or a walk signal, so crossing required careful observation of the surroundings. After two months, State Farm offered me a settlement of $2,000 but stated that their client does not admit any liability.
I had planned to fly home about ten days after the accident, but I had to limit some of my activities due to my injuries. I’m concerned this might impact my health in the future. I strongly believe she was at fault for not yielding to me, but I don’t have any witnesses or surveillance footage to support my case.
Edit: Should I accept this settlement? Do you think the amount offered is fair?
I’m really sorry to hear about your accident; that sounds both painful and frustrating. Given the circumstances, it’s understandable to be worried about the long-term effects on your health and whether the settlement amount is fair.
In cases like this, you might want to consider a few factors before accepting the settlement:
Extent of Injuries: While the x-rays came back fine, it’s essential to reflect on your ongoing pain and any potential long-term issues. If you feel that your injuries are severe or could lead to complications down the line, it might be worth looking at a higher settlement.
Loss of Activities: Since you had to restrict your activities and travel plans post-accident, those impacts on your daily life and enjoyment should also be factored into your decision.
Legal Advice: It may be beneficial to consult with a personal injury attorney. They can provide guidance on whether the $2,000 settlement is fair considering your injuries and any potential long-term effects. Lawyers often work on a contingency basis, so you wouldn’t need to pay unless you win your case.
Future Medical Costs: Consider if you might need ongoing medical treatment related to your injuries, as future medical costs should also be a consideration in calculating fair compensation.
Liability and Insurance: Since the insurance company is denying liability, it might affect your settlement negotiations. If you believe the driver is at fault, you might decide to push back against their initial offer.
Ultimately, it’s important to weigh the immediate financial relief of accepting the settlement against the potential for further issues in the future. Take your time to evaluate your situation, and don’t hesitate to seek professional advice to ensure you make the best decision for your health and well-being.