my daughter and i were involved in a car accident, the other driver was,at fault, my daughter has only been seen once by the doctor, the medical claims adjuster wants to settle her claim for $116. I dont think that is an appropriate settlement...she deserves more...what should I do
Car / Auto Accident Lawyer
If your daughter is still injured, she needs to get treated to be able to prove the injury from an objective medical provider. One time visit and no remaining problems is not something that typically warrants an attorney. The value of the claim depends on the amount of medical bills, lost wage (if any), and extent of pain and suffering. Call me to discuss the case. I'm licensed in South Carolina and do not charge for consultation in personal injury cases.
Car / Auto Accident Lawyer
I am licensed in Nevada, but this answer should apply in South Carolina as well.
Assuming the other driver was at fault, you and your daughter are entitled to be compensated for the damages caused by the accident. Assuming your daughter is a minor or you are otherwise legally responsible for her medical expenses, you are entitled to recover the medical bills caused by the accident. If there is no other treatment necessary, then the medical bills are limited to those previously incurred. If more treatment is needed as a result of the accident, then those need to be paid for by the other driver (or his insurer).
Your daughter is entitled to be compensated for the wage loss, if any, caused by the accident. Further, she is entitled to the pain and suffering damages caused by the accident. You can go to our website at http://capandkudler.com/useful-information/my-personal-injury/ to see the types of losses these include.
You, of course, are also entitled to the medical bills, wage loss and pain and suffering you incurred as a result of the accident.
You should seek counsel from an experienced personal injury lawyer to help you with your case.
Hope this helps.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
First there is no need to settle your daughter's case quickly. You have time and need to make sure that she has fully recovered from her injuries (a good rule of thumb here is to wait 6 to 12 months to make sure that no seemingly minor problems continue to linger and become chronic).
Second, the offer from the insurance company sounds very low. Each case is different based upon the facts of that case and an attorney should do a complete evaluation of your daughter's case before advising you what value range there is on this case, however, the offer sounds low. You should consult an experienced personal injury to completely investigate and evaluate this case and proceed from there.
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