Legal Question in Insurance Law in Ohio

rear ended and insurance settlement

My son and I were rear ended by another driver. I have accumulated appr. $75000 in medical. The resulting nerve impingement, in my neck and shoulders, appears to be lifelong requiring continued treatment. I had a torn rotator cuff as well. It had to be surgically repaired. My son, who is now 15, has several thousand dollars in med bills as well. The insurance company has offered me 100,000 total, which after required payments will net me pmnt of 87,000. After payment of med bills it will leave me with 12-15000 for p&s. This does not include any offer for my son. I am wondering if this is all that I can collect or is there something else I can do. I would be willing to settle this entire claim at one time for myself, my wife's loss, and my son for 250,000 plus medical. Is this realistic and can I get them to pay? The other driver's limits are 100/300. We are both Nationwide customers if that makes any difference.


Asked on 11/18/07, 5:33 pm

1 Answer from Attorneys
Michael Brandabur Brandabur Law, LLC

Re: rear ended and insurance settlement

Evaluating a personal injury claim involves reviewing all of the medical information, establishing the pain and suffering, calculating lost wages and if everyone is at maximum medical recovery, then determing future damages. This is all done along with looking at the permanancy of the injureis, and the type of injury. The claim for the minor should be separated, and will require probate court. A very rough means to calculate all of the above is take you actual damages and use a multiplier. Insurance companies usually take the figure and factor it by two. Thus, if there are $75,000 in medical bills with lost wages, then the insurance company may be willing to tender $150,000. Of course, this method can vary significantly. Put another way, if you were to use Jury Verdict Researcher, it lists well over 100 factors to consider when evaluating the value of a PI claim. I'd be happy to discuss your case with you.

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Answered on 11/18/07, 6:42 pm


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