Injured by a Reckless Driver – What Should We Do Next?
Hello. About six weeks ago, my family was involved in a serious 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 suddenly rammed from behind by a driver who was weaving in and out and traveling at least 80 mph. Our minivan hit the guardrail, became airborne, flipped three times, and rolled down an embankment. The impact pushed the third row of seats into the second row, and the sliding side doors were crushed, leaving us trapped inside. Thankfully, my daughter managed to crawl out through the back window and help my husband and me escape.
All three of us sustained injuries and were taken to the hospital. I suffered the most serious injury, a ruptured spleen, and spent several days in the hospital. My husband has been dealing with significant pain but fortunately had no broken bones, while our daughter has cuts and a seatbelt injury. To our dismay, the hospital staff did not treat her cuts. They assumed, based on her saying she was “okay,” that we, her parents, agreed to her receiving no treatment. We never heard her say that, and we would never have accepted her going without care. Concerned for us, she didn’t want to take attention or resources away. We weren’t informed until three weeks later that she hadn’t been treated, and when I called the hospital to inquire about it, they only offered an apology.
Our minivan was totaled, and although it was only three years old and would have been fully paid off in July, we’ve lost many personal possessions due to damage that prevented us from retrieving them. I am still in considerable pain and struggling to sleep through the night, while my husband continues to experience discomfort, albeit less than me.
The other driver has been deemed entirely at fault. I’d prefer not to hire a lawyer unless absolutely necessary. I’m seeking advice on what a reasonable amount to expect for pain, suffering, bodily injuries, and the loss of our belongings in the vehicle. The other driver’s insurance has covered our hospital bills. I missed a week of work, and I feel I returned too soon. The insurance company reached out today to check on our recovery as they hadn’t heard from us in a while, but we were waiting for a settlement offer from them.
This is my first experience dealing with something like this, so I would appreciate any guidance! This incident occurred in Ohio. Thank you!
I’m really sorry to hear about what your family has gone through. It sounds like an incredibly traumatic experience, and I’m glad to hear that the three of you are on the path to recovery, though it’s understandable that you’re still dealing with pain and emotional distress.
When it comes to dealing with insurance claims and potential settlements after an accident like yours, there are a few steps and considerations to keep in mind:
Document Everything: Keep detailed records of all medical treatments, diagnoses, and any ongoing issues you’re experiencing, including how they affect your daily life. Document any lost wages due to missed work and any other expenses you’ve incurred as a result of the accident.
Pain and Suffering: Compensation for pain and suffering varies widely depending on the severity of the injuries, the impact on your daily life, and the circumstances of the accident. Generally, settlements can range from thousands to hundreds of thousands of dollars depending on these factors. It’s often a multiple of medical expenses (like 1.5 to 5 times the total medical costs), but this can be subjective.
Possessions and Other Damages: The loss of personal items (especially those that were in the car) is usually considered part of a settlement. Keep receipts or proof of value for lost items, as these can help in negotiating a fair compensation for those losses.
Insurance Communication: Since the other driver’s insurance has reached out, it may be a good idea to have a preliminary conversation with them. However, it’s crucial to remember that they may offer a lower initial settlement. Don’t feel pressured to accept an offer immediately—especially if you’re still assessing the full extent of your injuries and losses.
Consider Legal Advice: Even if you want to avoid hiring a lawyer, consulting with one for a brief session may provide clarity on your rights and options. Personal injury attorneys often offer free consultations, and their advice could be invaluable, especially if negotiations with the insurance company become complicated.
Accepting Settlement Offers: If you do receive an offer, carefully evaluate it against your documented expenses, ongoing issues, and the potential for future complications related to your injuries. It’s often better to negotiate rather than take the first offer.
It’s completely understandable to feel overwhelmed by this process, especially after the trauma you’ve all experienced. Taking it one step at a time and seeking out information and support can help you navigate through this. Wishing you and your family the best as you continue to recover.