My kids were involved in a in a Hit and Run accident in Oregon. The State Troopers caught up with the person after my kids called 911. The police report states hit and run and wreckless driving. My adult child and minor child each have around $3000 in medical bills. The repair for the vehicle was $1600 and each have a loss of income of $150.00. They had around 30 visits to the chiropractor. They are now done with treatment. We asked for $3750.00 plus medical bills, but the insurance is offering $2200.00 plus medical bills.
Everything I've read online says the average is 1.5 to 5 times the amount of the medical bills, wages and loss of income.
What is reasonable?
You need to hire a personal injury lawyer to help you settle this case. What the insurance is offering is immaterial to what their damage may be. Do not talk with the adjuster any more. This is more complicated that what we can help you with in this forum.
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Using a multiplier times the medical bills is how claims used to be settled in the 1950's and 1960's.
These are your children that were injured and the main issue is whether they suffered permanent injuries. Those facts are then measured against jury verdicts and settlements in like or similar cases or when people are represented by skilled PI trial lawyers. Talk to a seasoned PI lawyer. Don't represent your kids.
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No one on this site can tell you what the cases are worth. You should consult with a personal injury lawyer in your area for a free consultation. He or she can properly analyze the claims and advise you what is the best course to take.
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These are your children. I hope you believe in doctors. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Generally you cannot settle any minor's claim without court approval. Since your other child is an adult, you cannot settle that claim either. Only your adult child can resolve his or her claim.
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.
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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.
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.
Because no lawyer represents your kids, I can promise you that you are being low-balled. That is how insurance companies work. That being said, no one can assess the value of your case from this vantage point. I would go see a personal injury attorney for free consultation.
A plethora of factors go into putting a number on a case, so have a local personal injury lawyer investigate and evaluate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
There really is no formula to figure out settlement values. When cases like this go to trial, the jury hears and sees all kinds of evidence, so settlement values are based upon each side's opinions on how the evidence would play to a typical jury, not on the amount of the medical expenses.
Because the accident occurred in Oregon, your kids can take advantage of ORS 20.080, which allows a person who claims $10,000 or less to recover attorney fees in certain circumstances. This statute really worries insurers, and it helps get cases settled quickly.
My concern is that you may have started too low. I urge you not to go any lower without talking to an attorney first. The consultation is free. If you decide to hire a lawyer, he or she will work on a contingency fee basis. In the vast majority of cases, the injured person will get more money in his pocket with an attorney. Insurers won't take you seriously if you don't have an attorney. In addition, they won't be afraid of attorney fees under ORS 20.080 because you can't get attorney fees unless you have an attorney.
Best of luck.
It would be good to at least call an attorney to go through the facts with you. The simple fact is that usually an attorney can help you to maximize the settlement - especially for your children. I recommend that you call and consult with an attorney for free before settling.
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