Rear-End Accident Update
A lot has happened since my accident in November. I was completely stopped on the freeway due to traffic for about 5-10 seconds when I got rear-ended by a box truck that seemed to be going pretty fast. I suspect the driver was distracted, possibly on their phone, as they didn’t brake in time. I had my dog with me, and thankfully, we both emerged from the impact feeling fine (although my dog did have an accident on my seat).
The truck driver contacted the CHP, and we filed a report together, sharing our accounts of the incident. The next day, I informed my insurance, but they gave me the runaround, suggesting that since the other driver was at fault, I should file a claim with them. However, I only have liability insurance, which doesn’t cover this situation.
The day after the accident, I began to feel stiffness in my neck and back, so I sought medical attention. A week later, I received an email from the insurance company for the other driver, only to discover that they weren’t insured. This left me feeling quite confused. I reached out to my insurance for help, but unfortunately, they couldn’t offer much. So, I decided to hire a lawyer.
After about a month, my lawyer managed to secure payment from the other driver’s insurance, and I received a settlement. They also connected me with a chiropractor, who has been a huge help. I underwent an MRI that revealed five herniated discs in my neck and back. I attended two appointments with a spine specialist for a total of four cortisone injections in my neck. Additionally, a brain MRI showed some damage, confirming I sustained a minor concussion, which has led to irritation, memory issues, and a shorter attention span.
Now, I’m feeling anxious whenever I’m in a car. I jump in my seat or swerve slightly every time I see a vehicle approaching from behind. I realize I may have left out some details, but my main question is: what kind of settlement should I expect from this situation? I’m in California. Thank you! If you have any questions or advice, please feel free to ask.
I’m really sorry to hear about your accident and the challenges you’ve faced since then. It sounds like you’ve been through a lot. In terms of settlement, a few factors typically come into play, especially in California:
Medical Expenses: You’ll want to account for all your current and future medical bills related to the accident, including treatments for your back, neck, and concussion.
Pain and Suffering: This can be a significant component of your settlement. Given that you’ve experienced herniated discs, a concussion, and ongoing emotional distress (like anxiety while driving), this may increase the potential settlement amount.
Lost Wages: If you’ve missed work due to your injuries, be sure to document that as it can be factored into your settlement.
Future Implications: If your injuries could lead to long-term issues or need ongoing treatment, that can affect your settlement.
Insurance Limits: The liability limits of the other driver’s insurance policy can also impact the maximum amount you may receive.
It would be wise to discuss all these factors in detail with your lawyer, as they can provide guidance tailored to your specific situation and help navigate any negotiations with the insurance company. In California, settlements can vary widely, so having a knowledgeable attorney is crucial in ensuring you receive fair compensation for what you’ve been through. I hope you continue to heal and find some peace of mind moving forward!