How much should I get for personal injury?

Asked almost 2 years ago - Kansas City, MO

I got rear-ended by another car and during that time I was 7 month pregnant. The damage to the car wasn't much just had to replace the whole bumper. I was at a complete stop when he hit me. I didn't go to the hospital, but I should have because I started to have contractions that night because when he hit me my whole body jerk forward. The wreck happen on a Friday and on Monday I went to my doctor to get checkout and to have the baby checked out. The insurance company is allied and they have paid for the car repairs $1065 and all medical bills now $2900 and six months later. I do have very bad neck and back pains . The insurance representative call and offer me $2500 for my bodily injury, but I was told that since I was pregnant during that time I should get more than $2500?

Attorney answers (8)

  1. Spencer Edward Farris

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . A settlement is based on your injury- without knowing what is going on with your neck and back, it would not be wise to even consider settling right now! If you settle for a few thousand dollars and wind up needing surgery later, you don't get to go back and ask the insurance company for more money later.

    The fact that you were pregnant doesn't increase the value of your claim unless the pregnancy caused more injury and pain, or impacted your child.

    Perhaps the bigger question is why you let the car insurance pay your medical bills. If you have health insurance, they should pay the bills. This allows you to leverage the payment to you vs what is paid to the hospital and doctors.

    I advise you to follow up with your doctor and determine the full measure of your injury. You have a complicated situation, and would benefit from talking with an attorney. You may also have medical payments coverage on your car insurance, and most lawyers will collect that money for you without charging you anything. Studies have shown that folks with attorneys get 4-5 times more money than those without attorneys.

    There is never enough money to make an injury "worth it," so you owe it to yourself and your family to put as much money in your pocket as you can to compensate for your losses.

    While we hope this information is helpful and informative, it should not be considered a substitute for legal... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . When the other party is liable, you are entitled to all past and future medical expenses, lost income and pain and suffering. It's unclear if the insurance company is offering you $2,500 in pain and suffering in addition to $2,900 in medical, or just $2,500 for everything. Obviously, if they are offering less than the medical bills, the offer is inadequate. If the total offer is $5,400, it may be a more difficult call as to whether you would be better off filing a lawsuit or accepting the offer. Either way, I would suggest talking to a good Missouri personal injury attorney about all of the facts of your case and your options under the circumstances.

    Good luck.

  3. David J. McCormick

    Contributor Level 20

    8

    Lawyers agree

    Answered . Without reviewing all your medical records we cannot give you the opinion you are looking for. Talk with a local personal injury attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    7

    Lawyers agree

    Answered . Presumably, your baby is well; and congratulations. Please contact local and qualified personal injury trial counsel for advise, guidance and direction. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Melvin G. Franke

    Contributor Level 13

    5

    Lawyers agree

    Answered . You need to meet with an experienced personal injury attorney.

  6. Michael Shemtoub

    Contributor Level 17

    5

    Lawyers agree

    Answered . Being pregnant at the time of the accident surely complicates the accident. There is no set amount for what you should receive for personal injury. However, keep in mind the insurance companies are not your legal representation. If the other party's insurance is the company making the offers to you, they are not looking out for what is in your best interest. You are not even their customer. There should not be any offers made without knowing exactly what the damages are medically. From what you said, you have not yet even reached the end of your medical problems from the accident. It is not a good idea to work out deals with insurance companies without seeking legal consultation first.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  7. Anthony Graceson Laramore

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Insurance companies do not make money paying claims. The sad reality is you need an attorney to get everything you are entitled to in most circumstances. I would speak with a personal injury lawyer to determine the options before accepting any payment from the insurance company or signing a release.

    ***PLEASE NOTE: My response to this question and any other question in this forum are never intended as legal... more
  8. Herbert Ira Ellis

    Contributor Level 5

    1

    Lawyer agrees

    Answered . Don't settle!
    You must retain the services of an experienced personal injury attorney , who will know better to assess the value of your claim for personal injury, pain and suffering , loss of enjoyment of life, wage loss and and any injury or the loss of the fetus.
    Best of luck. Hope you are okay

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