Clifton Park, NY asked in Car Accidents and Personal Injury for New York

Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for long time. I am on the verge of case settlement. I already have verbal agreement with the insurance company but I still don’t believe the settlement amount is not worth my pain and suffering. What should I do ???

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Personal Injury Lawyer
  • Frisco, TX

A: If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury thinks is fair and appropriate to award for pain and suffering.

That might help you decide whether the amount being offered is fair and read or whether it is too low as you personally believe.

Peter J. Weinman agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Personal Injury Lawyer
  • New York, NY
  • Licensed in New York

A: Sorry to hear what you went through. The "value" of any case is determined by a number of factors, including liability (who's at fault), damages (the nature and extent of your injuries) and oftentimes insurance coverage (both from the defendant's insurance and potentially your own). Before signing on the proverbial dotted line, you should ask for a copy of the other vehicle's insurance declaration sheet which will show how much insurance coverage it has available. If the other vehicle does not have an umbrella policy, get an affidavit from the other owner / driver to that effect. Finally, if you (or anyone in your household) owned a motor vehicle at the time of the incident, check to see if you have any supplementary underinsured motorist (SUM) coverage - if you do and you intend to make a claim for same, you will need the defendant's insurance carrier to offer its entire policy and get written consent from your own insurance carrier to accept the offer before you can pursue a SUM claim.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.