Legal Question in Insurance Law in Michigan

how much to expect for eye injury claim - car insurance

My daughter was injured in her boyfriends car last march 17, 2003. The air bad hit her in the eye. Her eye had a hyphema, has 2 small tears in the iris, and sustained some vision damage (new prescription with astigmatism, and close up vision damage). Her vision is helped with her new glasses. I am filing a bodily injury claim with his insurance co. How much should I ask for. Do I have to get a lawyer? She is still seeing the boyfriend and I don't want to offend his family. But I'm worried about future eye problems. She has to be checked every 6 mos. at this point to check her eye pressure. She is being checked for glaucoma. Hopefully not.

Thank you.


Asked on 1/26/04, 12:45 pm

1 Answer from Attorneys
Andrew Prine Andrew W. Prine, P.C.

Re: how much to expect for eye injury claim - car insurance

First, I assume your daughter is receiving no fault benefits from her household no fault carrier. If she is not, there is a one year statute of limitations from the date of the accident, and she should file a claim immediately with her own carrier. If she has done so already, there is a one year back rule, which means you must bring suit within one year of incurring expenses or benefits claims which are unpaid. I bring this to your attention as the one year anniversary is approaching, and would be happy to answer any questions you might have in this regard.

Turning to the claim against the driver's insurance company, there is no set settlement amount for any given injury, and it is your choice whether you retain a lawyer. It would be a big help if you could find out the policy limits from the boyfriend, perhaps in the course of assuring him that no one wants to collect anything from him personally. The amount of any settlement is purely a matter of negotiation, with the amount of coverage, and the cost to both you and the insurer of hiring a lawyer, and your daughter's willingness to go forward with a lawsuit if negotiations are unsucessful being issues to be factored in along with the nature, extent and duration of the injury. By all means, don't ask for too little, as any settlement will be final, even if your daughter's condition worsens.

Most insurers don't want you to hire a lawyer. That alone is a good reason to hire one. You can hire a lawyer on an hourly or a contingency fee basis, and have the benefit of their experience and knowledge in negotiating the claim. Except in circumstances where the insurer is willing to pay its full limits, most lawyers universally believe that you will usually come out ahead, even after paying a contingency fee, than by attempting to negotiate the claim yourself.

I would be happy to discuss this matter with you, including the possiblity of a reduced contingency fee arrangement if we can reach a settlement without the necessity of filing suit.

Please feel free to contact me by email or at our toll free number, 888-221-0844.

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Answered on 1/26/04, 1:11 pm


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