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MarDon16

driver ran red light

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l was t-bone by a driver running a red light we believe she was on her cell phone (no proof).l was driving and my adult son was in the back seat he had to be taken to  the ER by ambulance. l refused treatment but my neck and head was hurting so bad then l got dizzy at the scene and went ER to. The police rule her at fault a witness was at the scene to. My car was a new 2016 only had a month, she did 10,000 worth of damage being l live in Maryland and the % is 75 to totaled but the auto body said it was only 65%. I can totally notice things different with the driving of my car but cant pin point. The hospital diag me with an concussion and sprained spine, l also had severe shoulder pain. I was being seen by an orthopedic and l went to physical therapy. My bills total was 6000.00, oh and the driver never reported the accident at first l reported before she did. But once her insurance talk to her, among everything they accepted total liability. My question is what kind of settlement should l expect, l really want 20,000 is that non realistic?

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I did not practice in Maryland but I did practice in Virginia just across the river.  My experience in the last ten years or so is that the insurance companies have become very stingy and are more inclined to force cases to go to court.  It partially depended on the county in which the case would have to be tried.  Juries are generous in some counties, less so in others, and the insurers take that into account.  A judge in Fairfax County, Virginia, said "Juries in Fairfax County are developing a high tolerance for other people's pain."  The old mantra that a settlement should be three times the special damages is no longer meaningful.

 

Any suggestion by folks on this message board about the appropriateness of a settlement figure would be pure speculation without much more information.  Consult local counsel.

 

 

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You're entitled to the following:  (1) past and future medical expenses; (2) past a future lost earnings; (4) the cost to repair your car or its fair market value at the time of the accident (whichever is less); and (5) "pain and suffering."  The first three of these things are all readily calculable number (although future meds and future lost earnings require some level of estimation).  It doesn't appear that you've yet reached maximum potential recovery, so thinking about a settlement at this point is probably premature.  You have three years from the date of the accident to sue.  I suggest you at least confer with a local personal injury attorney.

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5 hours ago, MarDon16 said:

My car was a new 2016 only had a month, she did 10,000 worth of damage being l live in Maryland and the % is 75 to totaled but the auto body said it was only 65%. I can totally notice things different with the driving of my car but cant pin point.

 

You appear to have grounds for a diminished value claim on the vehicle.

 

Quote

Maryland courts have determined that “if a plaintiff can prove that after repairs his vehicle has a diminished market value from being injured, then he can recover in addition to the cost of repairs the diminution in market value, provided the two together do not exceed the diminution in value prior to the repairs.” Fred Frederick Motors, Inc. v. Krause, 12 Md. App. 62 (Md. 1971).

 

Google "diminished value Maryland" for additional information.

 

5 hours ago, MarDon16 said:

The hospital diag me with an concussion and sprained spine, l also had severe shoulder pain. I was being seen by an orthopedic and l went to physical therapy. My bills total was 6000.00. My question is what kind of settlement should l expect, l really want 20,000 is that non realistic?

 

If you want $20,000, ask for $25,000 to $30,000 because the insurance company will always counter with less than you ask for.

 

Whether $20,000 is reasonable or not depends on factors not yet revealed.

 

1 - Date of the accident.

2 - Approximate date that you fully recovered with no more pain.

3 - Itemize your medical bills (ER and related costs, PD, other visits or treatment, meds). Not just your co-pays or deductibles, but the amounts actually charged by your providers.

4 - How many weeks of PT? How many sessions per week?

5 - How long did you have to take pain meds and muscle relaxers?

6 - Did you lose any time from work because of pain? How many days?

 

Your son also has a claim. Provide the same info if you like, along with his age.

 

I might be able to make some helpful comments.

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