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I was in an car accident..I have a tort claim I was 7.5 months

 

Customer Question

I was in an car accident..I have a tort claim I was 7.5 months pregnant how much can I expect to receive as a settlement??

 

Optional Information:
Country relating to Question: United States
State (if USA): South Dakota
What have you tried so far?: I have a lawyer, just had roto cuff surgery from accident. I worry something will show up for either my baby or myself in the years ahead.

Submitted: 269 days and 18 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  NateLawAnswers replied269 days and 18 hours ago.

Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

There are multiple factors that go into what a fair settlement is in a particular case.

I presume you've gone to your OBGYN regarding your pregnancy. What is the assessment at this point regarding any effect on the baby?

Customer replied269 days and 18 hours ago.


The baby was born and she seems okay. I had to have weekly ultra sounds because there was to much fluid on the baby due to the accident. I worry about something showing up in the future for her or me.

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Expert:  NateLawAnswers replied269 days and 18 hours ago.

Okay. When did this happen? And, what were your total medical bills for your shoulder surgery (the total, including what insurance covered)?

Customer replied269 days and 18 hours ago.


about 1 year ago...medical bills about $35,000.00...nothing has been paid so far

Accepted Answer

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Expert:  NateLawAnswers replied269 days and 18 hours ago.

It is VERY important that you rate my service once we have thoroughly addressed your question.

In South Dakota, you have three years to file a lawsuit for personal injury. That will give you time to determine whether there are any additional injuries that need to be addressed.

As for the estimate of what the case is worth - nowadays, insurance companies are tighter than they used to be, so it's harder to give an approximation of the potential settlement amount. Because you were pregnant and had to have surgery for a serious injury, your case is stronger.

It also depends on what kind of insurance the person who caused the accident was carrying. South Dakota has a woefully low minimum of $25,000.00 for liability.

You should contact a personal injury lawyer where you live. They can give you more insight into what would be a realistic settlement amount based on your injuries, medical bills, pain and suffering and the amount available for recovery from the person who caused the accident.

If you do not have a lawyer already in mind, the South Dakota Lawyer Referral Service can help. I've included their information below.

http://www.sdbar.org/LawyerReferralList.pdf

Please click 'Reply To Expert' unless you consider this dialog complete and you are 100% satisfied with my service (not the website or the situation). Our ratings are very important to us so I ask that when we are done, before you leave be sure to rate my service.

Thanks.
Nate

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 5885
Answered: 8/21/2012

Experience: Over 8 years of legal practice.

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