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 ???
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
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.
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