Re: Is my settlement fair?
Posted by john phillips on 2/11/09

On 2/21/08, Jen wrote:
> Someone hit me when I was driving and their insurance
> claimed at fault. They t-boned me going about 40MPH. I was
> about 7.5 months pregnant at the time. The police and
> ambulance showed up and made reports of the accident.
>
> I ended up in the hospital for over 24 hours because I
> went into pre-term labor, I also visited the emergency
> room for all my bruises, back pain and whiplash.I had
> emergency ultrasounds because they feared my daughter was
> hurt in utero, they prepped me for an emergency c-section.
> Thankfully they stopped my labor and I was released from
> the hospital and put on painkillers.
>
> I was put on medical leave from work and lost 2 months of
> pay because my doctor was afraid I would go into preterm
> labor if I got off the couch. My pregnancy was 100&37;
fine
> before the accident. It was2 months of hell for me, my
> happy pregnancy turned into worry and fear.
>
> I had to go to a chiropractor for 3 months. My medical
> insurance went up an extra $50 a month because of the
> accident since I am a liability now. They said it may be
> years before they lower my premiums. My accident-free car
> had $5500 worth of damage and depreciated $3,000 because
> of frame damage (it wasn't totalled). I probably won't get
> paid for my car depreciation since they "fixed" it. My
> hospital bills were $5,000 and I have to reimburse my car
> insurance for this.
>
> The person who hit me had the minimum police in CA. Which
> is bodily Injury for $15,000 for death or injury of any
> one person, any one accident and $30,000 for all persons
> in any one accident.
>
> I also have coverage for underinsured, which is $100,000/
> $300,0000.
>
> Here is a breakdown of expenses:
> $500 out of pocket in prescriptions, doctor visits, car
> rentals, etc.
> $3800 in lost wages
> $5000 medical bills I need to reimburse to my insurance
> $600/year in extra premium increases (probably for several
> years,let's just say 5 years- $3,000 total)
>
> My lawyer is saying she is planning on settling for about
> $28,000. This means I will get $18,200 after she gets her
> 35&37;.
>
> Here is a breakdown of my settlement and reimbusements:
> $18,200
> -$500 out of pocket reimbursement
> -$3,800 loss of wages
> -$800 to pay in income taxes from wages paid to me
> -$3,000 (5 years of higher premiums)
> -$5,000 I have to pay back to my insurance company
>
> This means I would get about $5,000 for pain and
> suffering. Does this seem fair after what I went through?
> I want this to be done and over with, but I want to be
> paid what's fair. My daughter was stressed in utero and I
> was stressed for 2 months due to preterm labor issues. If
> this is a good settlement then I am happy, I don't want to
> be greedy and drag this all out- it's been 8 months since
> the accident and I am full recovered and my baby was born
> healthy as can be!
>
> Thanks in advance!

Posts on this thread, including this one

• Is my settlement fair?, 2/21/08, by Jen.
• Re: Is my settlement fair?, 2/11/09, by john phillips.
• Re: Is my settlement fair?, 2/11/09, by john phillips.