My son (6years old was walking and hit by adrunk driver that was supending.

Asked about 4 years ago - Columbus, GA

my som was walking and hit by a drunk driver 4days ago who alcohol level was.061 and was speeding a residental area he stained injury to his eye and scrapes and brusies to his left said of his body and now his scared to go out side and wakes up in the middle of the night screaming i have contact the driver insurance in which he has full coverage. his insurance company stated that they would pay all his medical bills and stated for his pain and suffering that they would pay us $1500.00 dollars now for his pain and suffering i did not accept what i am entitled to for son for the insurance company.

Attorney answers (7)

  1. Houston Dillard Smith III

    Contributor Level 12

    Answered . You should hire an attorney for several reasons. First, the speeding driver may owe punitive damages in addition to compensatory damages. Second, the insurance company will almost certainly make a higher offer if you are represented. Finally, a settlement involving a minor often needs approval of the probate court.

    I have handled cases like this since 1991 and will be glad to speak with you on the phone. Feel free to contact me at 888-315-8840.

    Regards,
    Houston

  2. Evan Lyle Kaine

    Contributor Level 6

    Answered . While no one can fully answer your question without a complete case review, I have handled many cases with similar facts over the years. I am happy to share some of my experiences and results as they may guide you.

    Feel free to give me a call at your convenience.

    Evan Kaine
    (404) 214-2001 x. 101

  3. Houston Dillard Smith III

    Contributor Level 12

    Answered . I failed to mention in my prior post that my law partner Mark Link is an author of the book called "Punitive Damages in Georgia". We have represented a great many people against drunk drivers. This is a link to a testimonial from a former client who was injured by a drunk driver.

    http://m.youtube.com/index?desktop_uri=%2F&gl=U...

    Regards,
    Houston

  4. Ralph Edward Hughes

    Contributor Level 9

    Answered . I am very sorry to hear about what happened to your son. You should hire an attorney immediately. I have represented children injured under similar circumstances and they have all benefited from counseling. It may take quite a while for him to get over his fear about what happened. No child should be hurt, but especially by a drunk driver. In addition to having all medical and counseling bills paid, and payment for pain and suffering, your son should be able to collect punitive damages from the drunk driver. Please find an attorney as soon as possible so your rights and your son's will be properly protected. I'll be happy to speak with you at your conveninece. Good luck. Ralph Hughes, Attorney, 404-373-3458

  5. Joyce J. Sweinberg

    Pro

    Contributor Level 16

    Answered . No one here can truly answer your question as to value of a case without all of the medical records, photos of your son's injuries, and other information as to the incident. Furthermore, you say the accident was 4 days ago. It is much too soon to assess if there are any long term injuries to your son, physical or psychological. You were wise to reject the insurance company's offer. Now, continue being wise by contacting an attorney near you to handle the case and to guide you. Most attorneys will offer a free consultation. To get you started, click on the Find a Lawyer tab on the top of the Avvo home page to see if you can find someone near you to talk to or click on the link below to access the Find a Lawyer database.

    JOYCE J. SWEINBERG ESQUIRE
    Attorney at Law
    105 A East Maple Avenue
    Langhorne PA 19047

    215-752-3732
    jjsesq@comcast.net

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

  6. Michael J. Helfand

    Contributor Level 16

    Answered . As you can see by the low offer you got from the insurance company, their goal is to pay as little as possible. No one knows exactly what your son's injury is worth; there is no set formula. However, an attorney is almost always able to negotiate a higher settlement and one that is more reasonable than what an insurance company will offer. Many people avoid hiring an attorney because they are worried that they will end up handing over all of their settlment in fees, or because they don't know how to find the right attorney. Again, having an attorney will almost certainly increase the settlement amount and you can still end up better off in the end. As far as finding an attorney, ask around for recommendations. Meet with more than one attorney if you can, and then decide who is best for you. If you need any help, feel free to give me a call. I can put you in touch with an experienced injury attorney in your area. 1-800-807-9530. Good luck.

  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . It is much too soon to even consider the possibility of settlement on a claim involving a minor child like your son.You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to your medical records. Photograph your son' s 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.

    Legal Disclaimer:

    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 insure proper advice is received.

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