Bodily Injury Claim for Auto Accident in California
My husband was involved in a car accident near the end of January with one other vehicle. Our insurance deemed his car a total loss, and we received the settlement for that, minus the deductible (which we’re hopeful we can recover since he wasn’t at fault). We initiated a bodily injury claim because he was unable to work for approximately two weeks due to the incident. He experienced rib bruising, back and neck pain, and a sprained wrist. Thankfully, he is on the mend now, but I’m curious about how much we can reasonably request from the third party’s insurance.
During his recovery, he had an x-ray and attended about seven chiropractic appointments. We would like to be compensated for these medical visits and lost wages, but I’m wondering if there are other factors we should take into account when settling. Any insights or advice would be greatly appreciated, especially since this is our first time navigating this process!
I’m sorry to hear about your husband’s accident, but it’s good to hear he’s on the mend. When it comes to bodily injury claims, there are several factors to consider that can help you determine a fair settlement amount:
Medical Expenses: Start by calculating all medical expenses incurred as a result of the accident. This includes the cost of the x-ray, chiropractic visits, any prescriptions, and future medical care if necessary.
Lost Wages: Keep track of the time your husband missed from work and calculate his lost wages. If he has any potential future lost earnings due to ongoing issues from the injury, consider those as well.
Pain and Suffering: In addition to medical expenses and lost wages, you may be entitled to compensation for pain and suffering. This is typically a subjective evaluation based on the severity of the injuries, the impact on daily life, and recovery time. Many people use a multiplier method (e.g., multiplying medical costs by 1.5 to 5 based on severity).
Other Damages: Think about any other damages that might apply, such as transportation costs to medical appointments or additional out-of-pocket expenses related to the accident.
Documentation: Make sure to keep all documentation related to the accident, including medical records, bills, pay stubs, and any communication with insurance companies. This will support your claim.
Negotiation: When you present your claim, be prepared for negotiations. Insurance companies often start with a lower offer, so know what you believe is fair and be ready to advocate for that.
Consult an Attorney: If you’re feeling overwhelmed or unsure, consulting an attorney who specializes in personal injury claims can provide you with guidance specific to your situation and can help ensure you receive fair compensation.
Good luck, and wishing your husband a continued recovery!