Legal Question in Personal Injury in Wisconsin

3 policies available through the insurance company

my son was airlifted to ICU for 4 days as a result of auto accident. Driver was inattentive, also violated graduate law, 16, license 2 weeks 3 passengers none licensed.Son was in hospitol 7 days, bruised kidney, damaged spline, punctured lung, fractured clavacle, lacerations. another boy was killed in this accident. My son now 16, accident happend 3/12/05, then 15 has a scar approx. a foot long, 1.5 in. wide on his chest, stomache area. Kidney and spline were saved and have mended greatly he has healed wonderfully, except the fatality was his best friend they considered each other as brothers. I was told once that there was 2-250,000.00 , and one 500,000.00, the parents of the deceased child (17), settled already recieving 85,000.00 each this prior to burial expence. Lawyer represening both them and my son. recieved the same amount for his fee's. I'm wanting to know 2 things, what is the max for settlement on personal injury, so far all bills have come to 39,000.00. for my son, other passenger had only soft tissue injuries, settling at 12,000.00. I know policy information from the mother of the driver, what is max??


Asked on 10/03/05, 3:07 am

2 Answers from Attorneys

Frank Pasternak Pasternak & Zirgibel S.C.

Re: 3 policies available through the insurance company

From what you describe, it sounds like there is at least $250,000 available to your son. I'm on trial this morning but you can try to reach me at 262/617-6562.

Read more
Answered on 10/03/05, 7:18 am
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: 3 policies available through the insurance company

It is somewhat difficult to tell from what you have provided as to what amount of insurance coverage would be available to you son. Policies are generally either split limit or single limit policies, meaning that they might have a per person/per accident limit, or they might have just a total per accident limit. The policies would have to be reviewed. As the other driver was a minor, other policies for the parents and sponsors of the other driver's driver's license should be reviewed, including any possible umbrella policies. Also, there might be additional insurance coverage under your own insurance polices that provide underinsured motorist coverage to be reviewed, which might provide additional coverage beyond the other driver's, parents' and sponsors' policies. As to the value of your son's claim, that value is made up of the past medical expenses, future medical expenses, past wage loss, future wage loss or future loss of earning capacity, past pain, suffering and disability, future pain, suffering and disability, disfigurement, as well as you as the parent's loss of society and companionship of your son, any wage loss which you experienced and any out of pocket expenses which you have experienced. It may be too early to determine the value of the case, depending on the status of his healing and ability of the physicians to currently provide opinions on the extent of his permanency, future treatment, etc. Your son would have up until his 20th birthday to either settle his claims or commence a lawsuit, however, I would suggest that if are going to consider retaining an attorney, that you do so sooner rather than later, in order to investigate insurance coverages, insure that any coverage which you might have on any vehicles is not jeopardized, and to obtain necessary reports and opinions from physicians. Most attorneys handle cases such as this on a contingency fee, however, you can also retain an attorney on this type of a case on an hourly basis. If you have any further questions, you can reach me through my e-mail address, or at my office or on my cell phone, which you can obtain from my office. Best of luck to your son.

Read more
Answered on 10/03/05, 8:52 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Wisconsin