Seeking Advice on Car Accident Settlement Offer
I was in a car accident in early December last year. While navigating an intersection, another vehicle unexpectedly entered my path, and I collided with it at around 40 mph. Unfortunately, my airbag didn’t deploy (my car is 24 years old), and I hit my head on the steering wheel. As a result, I suffered a concussion, along with neck, jaw, back, knee, and shoulder injuries. While some of my symptoms have resolved, I continue to experience headaches, and my shoulder and knee issues persist. I’ve attended over a dozen physical therapy sessions for the knee and shoulder, and my doctor is managing my headaches to the best of her ability.
My insurance determined that the other driver was 100% at fault and has offered to settle under my uninsured motorist coverage, as the other driver did not have insurance. They proposed a settlement of $2,500 for pain and suffering.
Does this amount seem low to you? I’m new to navigating these situations, but it feels inadequate, especially given my ongoing headaches and unresolved shoulder and knee problems.
I would greatly appreciate any thoughts or advice. I’m not looking to be unreasonable, but this incident has significantly impacted my life over the past three months.
Also, for context, I’m located in Wisconsin—would that influence anything? Thank you!
I’m really sorry to hear about your accident and the ongoing issues you’re facing. It sounds like a tough situation. In general, a settlement of $2,500 for pain and suffering can be quite low, especially given that you are still experiencing daily headaches and persistent shoulder and knee issues.
Here are a few points to consider:
Medical Expenses: Have you calculated the total costs of your medical treatment, including physical therapy, doctor visits, and any other related expenses? This can help establish a baseline for what your claim should cover.
Impact on Daily Life: Document how your injuries have affected your daily life, including work, hobbies, and personal relationships. This kind of evidence can support your claim for pain and suffering.
Negotiation: Don’t hesitate to negotiate the offer. Insurance companies often start with lower offers, expecting negotiations. Present your case based on your ongoing medical issues and the impact on your life.
Consult an Attorney: Considering the complexity of personal injury claims and the fact that you may still be experiencing significant issues, it may be beneficial to consult with a personal injury attorney. They can provide advice specific to your situation and help advocate for a fair settlement.
Wisconsin Laws: Be aware of any specific laws in Wisconsin regarding personal injury claims. This may include how damages are calculated or caps on settlements, which can vary by state.
Ultimately, it’s important that you feel adequately compensated for your pain and suffering, especially given the ongoing nature of your injuries. Don’t rush into accepting an offer you feel is inadequate. You deserve to have your pain and struggles recognized fairly in your settlement.