Legal Question in Insurance Law in South Carolina

In Auto Accident - How Much Am I Due?

My family and I where involved in an auto accident. The other person was at fault. They totalled my car and paid me a fair settlement for my car, but now we are trying to settle the medical side and the insurance company is being very unfair. There where five us us in the car. Our medical bills total a little over two thousand dollars. The insurance company whats to pay us another two over the medical bills and call it even. My husband was the only one physically injured (his back bothered him severely for about a month). Me and my three children have experienced emotional distress because of the accident though (my children ask me on a daily basis if we are going to crash again and I burst into tears if another car comes anywhere near us at an angle that they could hit us). My husband and I lost time at work due to doctors visits and prblems with the insurance company. The adjust has made many errors in trying to handle this claim. How much compansation should I be looking to get? I was told that you should ask for four times the medical bills. Is that a fair amount?


Asked on 7/19/00, 9:30 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: In Auto Accident - How Much Am I Due?

I can't answer your question without knowing more information. Multipling the medical bills times a certain number, is often a starting point for putting a settlement value on a personal injury claim. However, that is just a starting point. Many other factors have to be considered, including, but not limited to: Whether the injured will ever need future medical treatment and what that cost will be, plastic surgery will be needed, whether they are entitled to an impairment or disability rating, whether they will incur limitations as to work or other activities, whether the medical reports clearly indicate that all of the treatment was directly related to the accident and not a pre-existing condition, whether you are entitled to punitive damages.....which is a whole other conversation, etc. There are just too many considerations that have to be taken into account before you can properly assess the value of a settlement. That is why most people hires lawyers. Not only will they have a good idea of the case's value, but they also have far more bargining power with the insurance company, because they are more qualified to file suit and go to court. Lastly, you never indicated how much wages your husband lost. Good luck.

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Answered on 9/11/00, 7:28 pm


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