Legal Question in Insurance Law in Vermont

auto accident/victims rights

My 4yr old daughter was involved in

car wreck a year ago - riding with 5

other kids from her daycare. The

other driver was at fault, and was

criminally charged. All the occupants

of my daughter's daycare provider's

car (which was totalled) had to go to

the hospital, some by ambulance,

with injuries ranging from none to

severe chronic muscle & nerve

damage. My dau was lucky - no

injury but very frightened - but the

ins co is only offering $300, which

seems very low. What is the usual

range for this type of settlement?

Also, I was one of 1st on scene and

assisted the injured, and spent the

full day helping out, staying with kids

in the hospital whose parents

coudn't be reached, bringing some to

my own home, etc., losing a day's

wages. Am I entitled to

compensation myself?

Thank you.


Asked on 4/28/07, 4:35 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: auto accident/victims rights

Yes, you might be entitled to compensation yourself for the trauma you suffered as a first responder parent, and $300 could be high or low depending upon the facts of the case.

If nothing else, you might argue the theory that you saved the insurer money by comforting the sick and reducing their fear and suffering, not to mention your own trauma.

The best course is to spend an hour with an attorney talking over your options. Since the insurer has already offered $300, it's worth something to talk to one of the better PI trial lawyers in your area about it.

Why one of the better PI trial lawyers? Because that person will have a very good idea in a short period of time about what a case is worth.

The main questions to consider are 1) what do you hope to get out of it and 2) what do you think is right? Your own moral sense is a good litmus test for what a jury in your area might do, so have this thought out before contacting a lawyer, who can fill you in on the legal arguments.

The attorney might agree with me that trial would be a waste of resources when liability is clear, making mediation/arbitration a very good alternative.

In mediation, the parties decide what the outcome is to be with a neutral ho helps them flesh out the issues.

In arbitration (which can sometimes follow mediation), the arbitrator amakes the final decision.

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Answered on 4/28/07, 5:11 pm


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