Q: I was rear ended in a car accident at 36 weeks pregnant. What is my settlement looking like?
I was rear ended in a car accident at 36 weeks pregnant. I sustained a bruised placenta , and was put on bed rest for the remainder of my pregnancy. I also spent 3 days in the hospital being monitored and almost went into labor twice . This was in October 2019 . I have a lawyer and I am currently waiting on an offer for about 2 months now . The insurance company was USAA , what’s a estimate of how much I’m looking to get back ? I was working before the accident and had to stop due to the accident .
A: Based on your description of the facts of the crash, liability does not sound like it is in dispute. If liability is in dispute, it can influence the value of a case. As for the settlement amount, there are many factors that go into the (1) settlement value and (2) potential trial value of any case. For example, your physical injuries, time in the hospital, medical bills, pain and suffering, mental and emotional stress given the injury while pregnant, amount of bills/liens, wages missed from work, etc. Further, the conduct of the defendant at the time of the crash can be a value driver of values, i.e. a drunk driver that causes a crash creates a potentially higher jury verdict (trial value) and, thus, a potentially higher settlement value. These are all factors that your lawyer will be presenting to the insurance carrier to support his valuation of the case, at which time negotiations should begin. Note, insurance carriers can be notoriously slow to respond. Also, out of any settlement amount, any outstanding liens/bills for medical care will have to be paid back as well as any case expenses. All that being said, the real answer to your question is to talk with your lawyer. He should know the case and the values and can advise you the status with the insurance carrier.
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