I was offered a settlement for a car accident I was involved in, and I do not think the amount is fair.

Asked over 1 year ago - Canton, OH

I was hit in a parking lot by a girl with no license but she has Insurance. We both have the same insurance company. She admitted guilt. She totaled both cars, and I ended up going to the hospital via ambulance. I had 2 stitches and 4 staples in my head. I have had head aches every day. The hospital did CT scan and Xray of collar bones.The medical claims adjuster wants to settle for $2500 plus medical bills. I asked for $5,000 plus medical. They are fighting me and I just want to know if the amount of $2500 seems fair?

Attorney answers (11)

  1. John Maurice Holcomb

    Contributor Level 13

    6

    Lawyers agree

    Answered . You can get quick cash, or can get top dollar, but you can't get top dollar quick. Looks like your choice is to take what's on offer, or seek a lawyer to work on your behalf. Good luck.

  2. Richard H. Wooster

    Contributor Level 11

    7

    Lawyers agree

    Answered . No, your offer was beyond reasonable, it was low. Hire an attorney and go for more. If you continue to have headaches, you may have a serious issue that has not been addressed. Follow up with your doctors, don't settle until you know why you get the headaches or the headaches stop..

    This response does not create a lawyer client relationship. Each case is determined on its specific facts and... more
  3. Rebecca Lynne Melone

    Contributor Level 12

    6

    Lawyers agree

    Answered . If you take your case to trial you are taking more of a risk, but if you believe you are entitled to more then you should absolutely file a claim. Consult with a personal injury attorney who can give you a better answer based on your specific circumstances. Good luck.

  4. Joseph Knape

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . What is being offered in my opinion is not fair. If you don't feel it is fair then clearly it is not. Don't ever feel obligated to take their offer. Your injuries sound severe you should contact a local attorney for further advice.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Always best to retain an attorney to get the maximum compensation.

  6. JaPaula C Kemp

    Contributor Level 16

    5

    Lawyers agree

    Answered . In my experience when an adjuster sees that a person does not have a lawyer, the offer to settle is usually very low and insulting. A good lawyer that handles personal injury matters will be able to assist you in evaluating your case to see if they can assist in negotiating a better offer and also determining whether you should file a lawsuit. There is a statute of limitations period for filing the lawsuit. Also information/evidence gathering at or near the time of the incident is important. Thus, time is of the essence. If you are going to consult with or hire a lawyer you need to do so asap.

  7. John K Lassen

    Contributor Level 20

    3

    Lawyers agree

    Answered . A local lawyer should be retained to get you the money to which you are entitled.

    John Lassen 1-877-252-4630
  8. Patrick Thomas Murphy

    Pro

    Contributor Level 3

    1

    Lawyer agrees

    Answered . I would be very careful if I were you. Head injuries can be very tricky and hard to define. They can also be very serious and life changing. You have two years in Ohio to file a claim in court so you should take some of that time, if it is still available, to have your personal physician address the headaches. Also look for memory or anger issues that started at or around the time of the accident. Be sure to tell your physician about those problems Often a lay person will not appreciate the symptoms of a head injury and will not tell their doctor the symptoms. If the doctors record does not reflect your symptoms then the insurance company has no reason to include a serious head injury in the claim value.

    You should seek competent counsel to evaluate your claim. If it is worth 2.5 or 5K he or she will tell you in a free consultation. If there is more to investigate, the attorney will want to get involved.

    Good Luck.

  9. Irina Alexander Vinogradsky

    Contributor Level 15

    Answered . This is very low. You need a lawyer to get a fair settlement.

  10. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No one here on Avvo.com can tell you if this is fair unless they know a great deal more information, which cannot be obtained here on the Internet.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  11. Arthur Collin Cherry

    Contributor Level 9

    Answered . If you have headaches every day, you may have more serious injuries than were originally diagnosed. Get referred to a neurologist to check for post concussion syndome and other issues. Hire a lawyer and find out what your injuries are before you go guessing at what your case is worth. What if you need expensive treatment for a closed head injury? A $2500 settlement or even a $5,000 settlement will not go very far. Go to a specialist to find out all your injuries and hire a lawyer. There is too much to loose to play a guessing game with an adjuster on your own.

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