Bodily Injury Claim Following a Car Accident in California
My husband was involved in a car accident at the end of January with another vehicle. Our insurance totaled his car, and we’ve received the settlement, minus the deductible, which we’re hopeful will be reimbursed since he wasn’t at fault.
We also filed a bodily injury claim because he was unable to work for about two weeks due to the accident. He experienced rib bruising, as well as back and neck pain, and suffered a sprained wrist. Thankfully, he’s feeling better now.
I’m curious about how much we can request from the third-party insurance. During this time, he underwent an x-ray and attended about seven chiropractic appointments. Naturally, we want compensation for those medical visits and the income lost while he was out of work. Is there anything else we should consider in the settlement process? Any insights would be greatly appreciated since this is our first experience with such a situation!
I’m sorry to hear about your husband’s accident, but it’s good to know he’s on the mend. When it comes to settling a bodily injury claim, there are several factors to consider that can help you determine a reasonable amount to ask for. Here are some key points:
Medical Expenses: Compile all medical bills from the x-ray, chiropractic visits, and any other treatments related to the accident. This will be a vital part of your claim.
Lost Wages: Document the days he missed from work due to the injury. Calculate the total amount of lost wages to include in your claim, along with any future lost earnings if applicable.
Pain and Suffering: In California, you may also be able to seek compensation for pain and suffering. This is more subjective, so consider the severity of his injuries, the impact on his daily life, and how long it took him to recover. Some insurers use a multiplier (usually between 1.5 and 5) based on medical expenses to estimate this amount.
Future Medical Treatment: If there are any ongoing treatments or concerns related to the injuries, you can include estimated future medical expenses.
Documentation: Keep a detailed record of everything related to the accident, including photos, witness statements, and any correspondence with insurance companies.
Consult with a Professional: Since this is your first time dealing with a bodily injury claim, it might be beneficial to consult with a personal injury attorney. They can provide guidance specific to your situation and help negotiate with the insurance company.
Negotiation: Be prepared for negotiations. The insurance company may initially offer a lower amount, so having all your documentation ready will back up your claim and help you advocate for a fair settlement.
Emotional Distress: If the accident caused significant emotional distress, that can also be considered in your claim.
Be sure to personalize your claim amount based on your specific situation and the circumstances of the accident. Good luck!