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  1. #1
    Join Date
    Dec 2008
    Location
    Virginia
    Posts
    8

    Default Realistic Expectations to Settle Serious Injury Claim

    My question involves an injury that occurred in the state of: Virginia

    My 18 y.o. daughter was in a single car accident Feb 08. She was a front seat passenger in a vehicle driven by a friend's brother. The driver stated that supposedly the car axle broke while driving, which caused him to lose control and crash. My daughter sustained a fracture to her right heel that left it in about 12 pieces. The driver had supposedly missed a payment on his insurance and his insurance company decided that he was not covered for the accident due to him missing other payments in the past as well as the most recent payment that was 2 weeks past due at the time of the accident.
    My daughter ended up in the hospital overnight and then had to return two weeks later for a heel pinning surgery. In the hospital a couple of days. Spent 3 months non weight bearing, soft cast, then hard cast, then boot before she ended up in physical therapy for several months. Had trouble healing the incision and had to do wound therapy to finally get heel incision closed. Finally released from treatment mid July. Still has problems with the heel and is unable to stand or walk for long periods (as of Dec). Surgeon feels that long term healing is probably just about complete and will be somewhat disabled permanently. Also will most likely have to have an ankle fusion in the future at some point due to arthritis.
    Now, due to the other driver's insurance not covering, my auto insurance is going to pay on claim under my policy, which she is on. Initially got a medical payments check for $10K in March. Was told she would receive payments under uninsured motorist and also under bodily injury (my limits on each is $300K). All medical bills supplied to insurance by mid August. Have contacted numerous times and initially was told I would have an offer within a week or so. Then started to be avoided by insurance company when I contacted them after this. Last call 2 weeks ago was told that this was a complicated case and typically took 1-2 years to make settlement offers. Right now my daughter can not find work due to limitations on standing. (also due to economy, lack of jobs in area, and that she has no further education other than HS diploma at this point). So basically at home doing a lot of nothing with no money to support herself.
    So, my questions:
    1- what is a reasonable amount of time to at least get a settlement offer generated?
    2- at what point should we get a personal injury lawyer-would it help to start that process now so they can review all of her records and then be prepared when offer is made?
    3- how do insurance companies determine pain and suffering, future medical needs, lost wages, etc. based on this type of injury (not employed at time of injury- was in high school and has not worked since accident).
    4. Initially was told this settlement could reach close to the $300k limit due to the extent of injury but how do we know what to realistically expect?

    Thanks in advance!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Realistic Expectations to Settle Serious Injury Claim

    Definitely retain counsel now. Your attorney will be able to look over the facts of the case and determine how much you can reasonably ask for based on those facts, should the insurance company not do the right thing.

    There is no established time line for offers of settlement, it really is handled on a case by case basis, but having an attorney assist you does seem to speed the process up a little.

  3. #3
    Join Date
    Dec 2008
    Location
    Virginia
    Posts
    8

    Default Re: Realistic Expectations to Settle Serious Injury Claim

    thanks for your reply. I actually had a law firm contact me from this post with offer for a free consultation so will probably go ahead with that and also maybe with an attorney that is more local as well. I don't want to run up huge lawyer fees that will cut into my daughter's settlement but I also want to be sure she gets what she is entitled to. This has definitely been a major life changing event for her!

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