Q: Pain and Suffering settlement question. What is reasonable?
My 3 kids were in a single car roll over accident on the freeway. Grandpa was driving, pulling a camper trailer and lost control. Each child has approx. 10K in medical bills that have been paid by insurance company. Insurance is wanting to settle pain and suffering to close the claim. They offered 1k to my 9 year old. What is reasonable? I'm not interested in suing or asking for a ridiculous amount of money, just what is reasonable. My son had 13 stitches on his back side and has some pretty large gross scars, my youngest had tailbone pain and my oldest daughter had shoulder injury but has pretty much healed. Emotionally, it was extremely traumatic as they watched their grandma stuck in the vehicle and jaws of life used to get her out.
A:
First, way too early if they have that type of injury. without seeing the medical records it's hard to tell. Members of the Idaho Trial Lawyers Assn give free consults--suggest you contact one of them that practices in the county where the wreck happened.
Second, most important is follow up. Your kids aren't crash test dummies. I'd be concerned about head trauma, the shoulder injury, disc injuries etc.
Third, your kids may have rights to something like underinsured motorist benefits that would be compromised by early settlement, depending on your law there may be an obligation regarding their health insurers. Of course gramp's insurance will say "no biggie--" they don't care if you get in deep muddy because you wanted to get it wrapped up quickly.
Good luck!
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