
Quoting
j991
I agree that from the basic facts of your case that you should sue in small claims court for the maximum amount. The insurance company will probably jump up the extra two hundred dollars at the very least if not another one or two thousand. I would settle at that point. Your sister doesn't sound like she was "criminally" injured. Thats not to say she wasn't injured or in pain, but soft tissue injuries are hard for a jury or judge to see and therefore don't ellicit the same response as a broken bone or loss of the blood. You also say you are out about 5000 medical expenses, so you net 2500. You'll have to be satisfied with that. If you decide to sue, the judgement that you are awarded with need to substantially more than the settlement offer. I would say at least 15000 for you to get the same 7500 after attorney and court fees, minus what you have to repay to the insurance, you're right back to the original 2500. Also, the courts are not required to consider any over-time money that your sister may have earned. The courts are only required to consider actual wages. Good luck