Bodily Injury Claim After Auto Accident in CA
My husband was involved in a car accident at the end of January with one other vehicle. Our insurance totaled his car, and we received a settlement for that minus our deductible, which we hope to recover since he wasn’t at fault. We also filed a bodily injury claim since he was unable to work for about two weeks due to the injuries he sustained—namely, bruised ribs, back and neck pain, and a sprained wrist. He’s on the mend now, but I’m curious about how much we can reasonably request through the other party’s insurance. He underwent an x-ray and attended around seven chiropractic appointments during this period. We definitely want compensation for his medical visits and the lost wages, but are there any additional factors we should consider when negotiating a settlement? Any advice would be greatly appreciated as this is our first experience navigating this process!
I’m sorry to hear about your husband’s accident; I hope he’s on the mend. When pursuing a bodily injury claim, there are several factors to consider when determining how much to seek from the third party’s insurance. Here are some key elements:
Medical Expenses: Include all costs associated with his treatment, such as x-rays, chiropractic visits, medications, and any potential future medical treatments related to the accident.
Lost Wages: Make sure to calculate the income he lost due to being out of work. If he had to miss additional work for follow-up appointments or if there are any long-term impacts on his ability to work, that should be taken into account as well.
Pain and Suffering: This is a subjective measure and can vary widely. Factors include the severity and duration of pain, emotional distress, and how the injury affected his daily life. You may want to research typical settlements for similar injuries in your area to get a ballpark figure.
Impact on Quality of Life: If the accident has changed his ability to perform everyday tasks or engage in activities he enjoyed, this can be factored into the claim.
Insurance Policy Limits: Be aware of the third party’s insurance policy limits, which can cap what can be recovered.
Documentation: Keep all records related to the accident and injuries, including medical bills, documentation of lost wages, and any communication with the insurance company.
Negotiation: Be prepared to negotiate. Insurers often start with a lower offer, and being firm about your husband’s injuries and their impact can help in reaching a fair settlement.
If you’re unsure about the process, consider consulting with a personal injury attorney who can guide you through the process and help you obtain a fair settlement. Good luck!