pregnant wife and two daughters rear-ended

My state is California. My wife and two daughters were rear ended while stopped. The guy behind them was on his cell phone, not paying attention. The car was totaled. The guy hit them going 30-45 miles an hour. My daughters had wip lash and bruised sternums, not to mention backs needing adjusting for two months. My wife was in her last trimester, treating a 14 inch blood clot in her thigh. This accident happened August 2004. Our third child (the one that was in her belly) seems fine. My wife and two daughters are still nervous while driving in the car and we have yet to settle for injury. My wife had extreme bruising (which is highly dangerous when you have a blood clot), back out of wack and neck needing adjustment for months afterwards. I had to take an equivalent of 6 weeks off work to help with life. We do not want to pay a lawyer, but we want to know how to determine what is a fair settlement. How can we determine what is fair when they are ready to settle? We do not want to get taken by the insurance company. Any advise would be appreciated.

Glad to hear that your wife and children are ok.

Your wife is entitled to any lost wages, medical bills, and some amount for pain and suffering. The first two items can be readily determined (i.e. for lost wages days missed X pay/day, for medical you get the bills), the third amount is subjective and only your wife can say what's fair to her. You're also entitled to recoup the medical bills for the children, as well as some amount for pain and suffering. Again, the first item is fixed and the last one is subjective.

You are entitled to nothing for your lost wages. You chose to take the time off work. Yes, I realize you may have had to, but that doesn't change the situation.

So when figuring out a settlement, add up the medical bills, any lost wages on your wife's part, plus figure out how much the pain and suffering is worth. And of course the damages to your car.

Also include in the amount a good sum to pay for any medical coverages to pay for any damages your unborn child sustained in the accident... If your wife is STILL pregnant, DO NOT settle until AFTER the child is born... The doctor cannot tell with any degree of accuracy that damage wasn't done to your child...

It is in your best interest to consult several lawyers... I highly urge you NOT to skimp on a lawyer to save a few bucks, when you don't know if your child will need medical care for the rest of his/her life...