My mom was injured in a car accident. How much can she sue for?

Question

She was hit while in her parked car and suffered whiplash. She must do therapy about 3 times a week and she's suffering from depression because she can't sleep due to pain and she's getting migraines more often. She's very stressed and often hurting! She's being wooed by many, many lawyers but hasn't taken any steps yet towards a lawsuit. If she does, how much could she expect to get, assuming it's settled out of court, which I would guess will be what happens. ??

I'd say it was the other person's fault. My mother was in her car, parked, getting ready to leave her job, an elementary school, when the guy lost control of his truck going to fast on icy roads. He drove across the median between the school parking lot and the road and hit not only her but another vehicle. There's no question as to who's at fault.

Wow, you people are vicious. My mom isn't asking for a "lottery" pay out, and we know she's going to have her medical bills covered. However, this other person was speeding when he definetly shouldn't have been. The roads were slushy and icy. My mother is suffering from depression and chronic pain and i don't think that a settlement is out of the question for her suffering. How would you feel if it was your mother? Some of you are pretty harsh and judgemental.

Answer 1

you probley wont go to court.. this jsut happend to me and we got 3times the doctor bills.. then payed the bills and pocketed 2times.. so wasnt bad.. this includes therapy, x-rays.. etc..

Answer 2

There are too many unknown factors.
In the case of a car accident, depending on the state you live in, your mother may be entitled to payments from the at-fault driver's policy, under their Bodily Injury coverage. This is regardless of if she has a lawyer or not. BI typically will cover medical bills, pain and suffering, and a lump payment for any permanent impairment (i.e if your mother becomes permanently disabled). If the insurance company makes an offer, sueing does not good, for the most part. I mean, if they are already paying for med bills, paid and suffering, etc, what can you possibly sue for? You MAY be able to sue for additional payment, but you may or may not win. Getting a lawyer does not guarantee you a higher settlement, in fact, you'll probably get a lower payment in the end (because you have to pay the lawyer from your settlement). A claims adjuster's job is to pay a fair amount for your mother's injuries, regardless of an attorney's presence.
Of course, like I said before, this all depends on what state you are in.

Generally speaking, basic whiplash will not get a high settlement. This is a "soft tissue" injury that WILL heal ALL BY ITSELF eventually. Therapy and treatment only speed up the process, and minimize some of the pain in the mean time. Yes, its a very painful injury, but generally causes no long term damage, and therefore may not incur a large settlement.

Good luck to you and your mother!

Answer 3

Well, she can sue for a quintillion fifillion dollars. You can write whatever you want in the complaint. What she will GET is another matter entirely.

First of all, what state is your mom in? (And, where did the accident happen?) Some US states -- namely, New York, New Jersey, Florida, Michigan, Pennsylvania, Hawaii, Kansas, Kentucky, North Dakota, Utah, Minnesota, and Massachussetts -- have what's called no-fault insurance law -- where you get indemnified for minor injuries and relatively small economic loss by your (or, if you are uninsured, the other vehicle's) carrier UP TO A POINT, which point, naturally, varies from jurisdiction to jurisdiction. In order to SUE in one of those states, the injured person typically has to suffer a "serious" injury, and, if the given state allows it, economic loss exceeding that provided by no-fault insurance. What constitutes a serious injury is defined differently by those states, but as a general matter, it is any of the following: death; amputation of a limb; severe and permanent disfigurement; loss of a fetus (miscarriage or stillbirth); bone fracture (which may or may not include the loss of a permanent tooth); or a "soft-tissue" injury so severe that it results in a significant and permanent disability. Insomnia and psychological injury typically don't cut the mustard unless you can show, through medical records and expert testimony, that they are severe, permanent, and, most importantly, proximately caused by the accident.

From what you are telling us, it sounds like this is a below-threshold case, if your mom is in a no-fault jurisdiction. To get no-fault benefits, you must apply for them. Watch out for deadlines, as they can be pretty harsh. In New York, for example, a no-fault application must be filed within 30 days of the accident, or you don't get the benefits (and can't sue, either, unless you have a serious injury). When mailing the application, make sure you have proof of delivery, so do it by Fedex, UPS, or certified mail with return receipt requested.

Apart from the no-fault issue, many factors influence the "value" of a case. What's the policy on the other vehicle? Typically, unless you have an absolutely humongous injury, you are limited by the offending vehicle's policy and your own vehicle's UIM benefits (provided your mom's state permits stacking policies). Was the police called? Is there a police report? Was there an ambulance? Did your mom go to the ER?

In any event, treatment that's limited to whiplash therapy generally does not establish a big injury. As for depression, insomnia, and migraines -- good luck tying them into the accident. Remember, the plaintiff bears the burden of proof. It's not enough to say that you became depressed because of the accident -- all injuries must be documented and proved, along with causation, by competent medical testimony or medical records.

Much also depends on the legal culture of your jurisdiction. I've litigated in New Jersey, for example, and it always seemed to me that NJ lawyers on both sides are blessed with almost a somnolence (no offense to those NJ colleagues who don't fit this description) and merely go through the motions, whereas across the river in New York -- the entire state, not just Manhattan -- a lawyer's job isn't done until there is blood on the floor.

Pursuing a lawsuit is tougher than it sounds. Lawsuits take a long time to prosecute, and plaintiffs must jump through many hoops, including a deposition and an examination (sometimes several) by defendant's experts. A plaintiff can expect to be surreptitiously videotaped dancing flamenco in 9-inch heels, or having a good time at a party, as evidence that she is less injured than she claims. Certain private aspects of her life will be inquired into. Finally, keep in mind that alleging depression as one of the consequences of the accident opens the door for the defendant to examine the intimate details of the plaintiff's life in search of possible alternative explanations.

You certainly don't have to tell the public HERE, but the general rule of thumb is -- unless you've suffered clearly life-changing injuries, a lawsuit is more trouble than it's worth.

None of this, of course, is a substitute for the advice of an attorney in your jurisdction. The best thing to do is for your mom to talk to a good lawyer in her own community.

Answer 4

You say that you simply had coverage on the time so ship all of it to the coverage organization with a cautious rationalization as to why they weren't notified on the time. (you didn't consider that there used to be any private damage) and the lengthen in sending the papers via to them . I could phone them as good simply so that they comprehend it's on it is manner and get reassurance that they're going to act and once more to ensure they have got the papers. If you had been blanketed by means of coverage then you are going to be blanketed for that coincidence. I have no idea approximately US regulation however there are lots of similarities to the regulation in UK so my recommendation holds well. Do this and co-function with the coverage organization and you are going to don't have anything to worry rather than extended charges for the following few years. (The expand won't endure any resemblance to how so much or how little the declare expenses. It will expand considering the fact that you could have had a declare. If you could have a fax facility it can be an concept to fax the records to them earlier than you ship the originals. get photocopies if you'll be able to. Best needs. I could be amazed in the event you must stop your experiences. In UK they have got as much as 3 years to make a declare for private accidents after the date wherein they had been injured or grew to become conscious or will have to had been conscious that that they had been injured (there's well purpose for the or had been conscious) I am definite that there can be a equivalent reduce off date within the USA however they're good inside it. Your coverage will decide upon up on that immediately

Answer 5

Consult with a Personal Injury lawyer. Her insurance company and the insurance company of the person that hit her should have covered for the physical damage to her car and some bodily injury, but since medical costs are cumulative over time, a Personal Injury lawyer can help here with any additional medical costs.

Do not take any offers by any lawyers that contact you directly or through the mail. Go through the phone book or get referrals from http://www.findlaw.com/

Answer 6

Honestly you will probably get medical bills and that is about it. It depends on the amount the person is insured for. You may win a huge settlement and never collect it. You can not take what a person does not have.
Remember a lawyer will take a cut of a settlement, even if you do not collect it all.

Answer 7

(NOTE: This is not intended as legal advice, only lay advice. I am not your attorney, you are not my client, no attorney client relationship is intended or hereby entered into.)

NOTE II: Be aware that in most jurisdictions you have a limited amount of time in which to bring legal action against the other driver. Here in California it's 2 years from the date of accident. It may be different in other states. If you wait too long, you will be foreclosed from the option of bringing suit.

First, let's clarify some terms.

Before you "sue" you negotiate for a settlement. You only "sue" (file a lawsuit) when the negotiaiton process has broken down and the parties (your mom and the other guy's insurance company) can't come to an agreement.

So I think your real question is: how much is an appropriate and realistic figure for settlement o fyour mother's injury claim?

Well, that depends?

How injured is your mom?

Sounds like you don't know yet. She's still going to therapy right? The value of the case is different if she goes for a month, gets better, and has no lasting problems (what are called "residual injuries) vs. she treats for 3 months, has residual pain, has an MRI that reveals a herniation of the cervical spine and now she's a candidate for a cervical fusion operation. (Cervical spine = neck).

Can you see how those two different fact patterns lead to different final $$$ amounts? For the record....you want your mom to treat for a month and be better. I would say less than 1 in 10 of my client who have had cervical or lumbar fusion have been pain free after their operation. Permanent back injury isn't worth any $$$ they could pay you.

There are other factors that will impact the value of your case, in addittion to the "no-fault" considerations mentioned by others.

Was your mother insured? In most states, if you don't have valid car insurance, you can't get general damages ("pain and suffering") if you are uninsured.

Was the other guy insured? If he wasn't, then did your mother have an "uninsured motorist protection" on her policy? If he's uninsured, and your mom doesn't have UIM, you're up the creek. You can try to sue him directly....but if he didn't have enough money to carry insurance on his car, then odds are that he doesn't have any assets you can readily seize.

Does your mother have "medical payments coverage" on her auto policy? If she does, good...it will cover her out of pocket medical expenses up to a certain amount while her claim is resolving. Most "med-pay" policies contain a reimbursement provision meaning you have to pay your insurance company back at the end of your claim, but some policies are non-reimburseable, which can have an effect on the bottom line of your settlement?

Did you mother have any gaps in treatment? If she waited 2-3 weeks to see a Doc, or she went to the ER and then didn't treat for a month...then she's opened the door for the defendant insurance adjustor to say "If she was erally hurt she would have gone to the doc, therefore minimal value". Now, in reality, we all know that may not be the cae - she could hate doctors, she might not have health insurance, she might have treated at home with rest and ice and hoped that she'd get better....but treatment gaps are problems.

How much damage was done to her car? Most insurance companies have a $1,500 - $2,000 property damage threshold where, if there are no broken bones, they classify the case as a MIST (Minimal Impact Soft Tissue) case and their position, REGARDLESS OF WHAT YOUR DOCTOR SAYS, is that the low property damge means there wasn't enough force involved in the impact to harm the claimant. The insurance industry has spent 100s of thousands of dollars to fund studies by the "National Institute of Highway Safety" to "prove" this point.

Does your mother have any pre-existing conditions? Arthritis in the neck? Previous back pain? Previous history of depression? All of these will factor into the final settlement number.

Did she have any cuts and bruises? Did you take pictures of them?

My point is that because there are so many variables, and MOST IMPORTANTLY because the extent of your mother's treatment and injuries have yet to be determined, any projected value on your case would be pure speculation.

There used to be a guideline in the industry that an average to good offer was take your medicl treatment minus diagnostics, and multiply by three. Add in diagnostics and any lost wages and that should be your ballpark offer. This is sometimes referred to as "3xmedicals". I'll be honest, in Northern CA, in the last 3 years, we've seen the insurance industry really tighten up. They figure that the worst we can do is sue them and, frankly, most juries are not sympathetic. (Just look at the comments of the people answering your question. Would you want all of them on your mom's jury?) Offers are coming in more in the 1.5xmedicals to 2xmedicals range, and many of my clients come to me having tried to handle their own claim only to get offers that are LESS than medicals. (Insurance industry takes the stance that soft tissue injures should resolve (be better) in 6-8 weeks, and any treatment over that is excessive and not "necessary", therefore they discount the amount of it they offer to cover.)


Any personal injury attorney in your area should be willing to meet with you and your mother for a free consultation/case evaluation. That might be you best option.

Good luck, and I hope your mother make a full and quick recovery.

Answer 8

First and foremost, she should sue for the cost of the medical bills, legal costs, and any other miscelleneous fees that have occured as a result of the accident.

As for how much she should sue for in 'emotional' damages and what not, it's best to consult her lawyer about it. But definitely they deserve to cover the medical and legal costs.

Answer 9

the only way to know this is to go through the lawsuit. im not sure if the judge will take sympathy with the fact that she is suffering but she can sue for the medical bills...

Answer 10

There is no way to put even a ballpark figure on the situation. It depends on how skilfully your lawyer puts his case and whether your mother has irrefutable proof of her condition and also how sympathetic the hearing is on that particular day.

Answer 11

First of all, you mentioned accident. Would you want your whole life ruined because of an accident you didn't mean to cause? The person probably didn't mean to hurt your mom so why would you want to sue this person for their whole life? You should Sue for the medical costs and whatever was "necessary" But suing for profit is just wrong. And those lawyers only care about $, not your mom or the person who caused it.

Yea obviosly it was his fault, but it was still an accident, His fault is why he should pay whats neccesarry, accident is why you shouldn't profit off it.

Next time you or your mom complain about insurance costs, stop and think that you might be part of the problem