Legal Question in Insurance Law in California

Settlement for Soft-Tissue damage

Hello,

I was rear-ended a few months ago by a tow-truck. It did some damage to my car and I had to go to the doctors a couple of time for my back pain caused by the accident. Their insurance company fixed my car and provided a rental, but now we are trying to negotiate the damages for my injury. The offered $500 saying that is the most they can offer for soft-tissue damage. That doesn't seem reasonable because I was in quite a bit of pain although it did heal after about a month. Is $500 the most I can expect to get or should I play hard ball and try to get more or contact an attorney?


Asked on 3/18/07, 7:07 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Settlement for Soft-Tissue damage

If you went to the doctor a couple of times and there was sufficient damage to the car, you might want to go to small claims court if it doesn't cover the doctor's bills, your loss of time from work, and pain and suffering. Bring doctors' bills, photos of the car damage, and the repair bill to show it was a "nice" hit. It might be not enough in doctor visits to entice a lawyer to handle.

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Answered on 3/22/07, 8:13 pm
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: Settlement for Soft-Tissue damage

There is no set "limit" on the value of a claim, soft tissue or otherwise. Most insurance carriers, and for that matter an increasing number of juries don't put substantial value on this type of injury. That said, you have no obligation to accept a settlement offer just because its made.

Based on your description of the claim, you should consider small claims as the forum in which to litigate your claim.

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Answered on 3/22/07, 10:40 pm


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