What should I settle for?

[AlanaH]

My family and I were in a car accident in Pennsylvania. The other driver was at fault. Our total medical bills were $6,896.36. Our insurance paid $3,000 towards bills. We are unsure of how much we should settle for. I was 15 wks. pregnant at the time and was told that I could miscarry for up to 72 hrs. after the accident which obviously was very stressful. However, the baby was born full-term & healthy. The E.R. doctors wouldn't give me anything for the pain because I was pregnant. I had to wait 3 days to see my OB and get pain medication. I, then, had an allergic reaction to the medication. I've had severe headaches since the accident. My husband was off work for 2 wks. Because of that he ended up being $191.98 behind in child support. He had to go to physical therapy for 2 mos. but has been released. He's still having problems with his back. Our 3 children were just shaken up and are fine.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

In addition to what I mention below, please review auto accident at the freeadvice.com homepage. It is one of the links. IT will also explain to different types of damages you can seek compensation for: direct/indirect (consequential).

1.Total medical bills = $6,896.36.
a.Insurance paid $3,000.
b.Balances owed you = $3,896.36

2. Pain and suffering for pregnancy scare and no medication given to you to cut down on pain for possibility of reaction to unborn child is type of special damage that a reasonable person would expect to happen.
a. You can calculate out for three days that you went without seeing your OB and without getting medication. Also, in addition, calculate out the amount of days you suffered from the allergic reaction. In addition, calculate out amount of days you suffer from the headaches and any all costs associated with the above.
b. It would be helpful here if you kept a daily journal of your pain or if your witnesses around you could testify as to the amount of pain you suffered (incl. doctors/nurses/medical records at hospital).

3. Your husband: If he was off of work because of injury, calculate those two weeks salary. You can try to seek the child support, but I don't think you will get it. The physical therapy costs should also be added in to your total damages.

4. Your kids: you may be able to get some money to put in their college fund or something (paint it like this) for their scare.

Hope this helps.