Personal Injury-Hit by a drunk driver

San Jose, CA Viewed 374 times. Posted 11 months ago in Personal Injury

My 12yr old son & I were rear ended by a drunk driver last year & his femur broke in two. The insurance company is only offering $150k, after lawyer/medical fees would only be $56k. Should I settle or should I take a risk and go to court?

Additional information
Yes, my son & I are already represented. I just wanted to get a second opinion since I am new to all of this. The drunk diver's policy limit is actually $500k but my lawyer said my case is not that much. Oh, forgot to add that he had to have a second surgery to remove the steel rods in his legs because they were rubbing against his blood vessel, causing his knee to inflame. He was in pain for about 6 mos, doctors wanted to wait until the bone was healed before they removed the rods. Not sure if this additional info help, I just need to know if I should take him to court??? I don't think my attorney is doing their best

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Answers (7)

Brian T Pedigo

This attorney is licensed in California. Posted 11 months ago.

Before accepting any offer like this you really should meet with a personal injury attorney to evaluate your claim in full. It is too hard to determine a fair settlement value without all of the specific details. Based on what you've said so far, a multiplier of 3 sounds like a low offer. Bring all of your relevant bills, paperwork, and photographs to your first consultation with a personal injury attorney.

Okorie Okorocha

This attorney is licensed in California. Posted 11 months ago.

This is really a personal decision. It is also too hard for another attorney what is best without knowing all of the facts of the case.

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Thuong-Tri Nguyen

This attorney is licensed in Washington. Posted 11 months ago.

It may be that the drunk driver's insurance policy limit is $150K and he is otherwise judgment proof. That is, even if you will a lawsuit against the drunk driver, he may have no way to pay you.

You may want to explore whether your own insurer would pay you more because of the type of insurance that you bought.

Gordon Ralph Levinson

This attorney is licensed in California. Posted 11 months ago.

By "after lawyer/medical fees" are you saying that your son and you are represented by counsel? If so, it would be inappropriate for me to give you advice, and my suggestion is to take this up with your lawyer. If you and your son are not represented by counsel, then I would be happy to tell you what I think, but I would need more information. IF YOU AND YOUR SON ARE NOT REPRESENTED BY COUNSEL click on my web link below.

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Ryan Patrick McClure

This attorney is licensed in California. Posted 10 months ago.

I would agree with what others have posted- it is a personal decision. You should really discuss your case further with your lawyer. If he/she thinks it is a good idea then you might want to consider their advice. Good Luck!

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Robert Herbert Bohn Jr

This attorney is licensed in California. Posted 10 months ago.

$150K sounds low to me. Of course, we would need to know more to accurately assess this case. However, a fractured femur in a 12 year old with 2 surgeries and a drunk driver certainly seems worthy of more than $150K if handled properly.

Robert Terrence Simon

This attorney is licensed in California. Posted 9 months ago.

Your case has significant value. With a drunk driver accident comes the threat of punitive damages. Ask your attorney if he did a statutory offer to compromise (pursuant to section 998) for the policy limit of 500k. This gives the insurnace company 30 days to accept that demand. If they let it expire they expose their company to paying above their policy limit should your verdict be in excess of that amount. This really puts the pressure on the insurance company.

Further, your son is not done growing and therefore some of his damages are not yet known. He may need yet another surgery. I would have another personal injury look at your file to make sure you are getting the highest amount possible. Feel free to call me and I'd be happy to look at it for free.