Q: Is 200 dollars a fair settlement for pain and suffering for a 4 year old? We were rear ended at a stoplight.
We were at a stoplight and we were rear ended. My daughter was checked by an ambulance and she was fine but had some mental anguish. The insurance company is offering 200 dollars for her injuries. Is this a fair settlement? I don't want to be greedy about it but it is my daughter. The insurance company claimed 100 percent liability.
A:
Make sure you have a full picture of her injuries and check with a local lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
A: In Ilinois, if you are injured in an accident caused by another person you are entitled to various types of economic and non-economic damages. Economic losses are something concrete such as a medical bill or lost wages. When it comes to valuing non-economic damages, these are more difficult to quality as they frequently vary from person-to-person. In situations where there are limited injuries and economic damages, juries are less likely to make a substantial award for pain and suffering. If your child was not seriously injured, I would suggest taking the settlement and putting this incident behind you.
A: The only true way to know whether a fair offer has been made is to have carefully reviewed your daughter's medical/hospital records related to this incident. Importantly, how is your daughter doing now? Has she been seen by a doctor(s) since this occurrence complaining of pain or showing sign or symptoms of issues believed to be related to the crash? All of these factors need to be considered in making your evaluation of the insurance company's offer to settle.
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