Legal Question in Personal Injury in California
Insured person needs legal advise
Recently, I was involved in an automobile accident and it was not my fault. I took the party at fault to small claims court because his insurance company would not pay my medical. My bills totaled $4800. The judge ruled that I will be paid $3800. The party at fault insurance company is willing to pay me $3800 but nothing for pain and suffering. The insurance company states that I have no right to pain and suffering since I did not include it in my claim for the medical bills. Can someone point me in the right direction and let me know if the insurance company is not liable for my pain and suffering since I did not list it in my claim. Thank you.
5 Answers from Attorneys
Re: Insured person needs legal advise
Do not sign a release and get represented. Contact me directly.
Re: Insured person needs legal advise
The case is over, and you won. You left many thousands of dollars on the table because you didn't know what you were doing. If you had retained a lawyer, you would have come out ahead.
Re: Insured person needs legal advise
I am sorry, but most likely your small claims judgment is all that you are entitled to now.
Typically, and of course depending upon the facts and the policy limits, an insurance company will consider settling a personal injury case in a range of 3-5 times the amount medical expenses. This is a rough estimate of your pain and suffering quotient.
So, had you retained an attorney rather than pursing a small claims case, it is possible you may have settled your case in the range of $15,000-$25,000. After the attorney takes the typical 1/3, you would have received $10,000-$16,000. Given your small claims judgment of $3,800 -- you left approximately $6,200 - $12,200 on the table.
Re: Insured person needs legal advise
They may be right. You should have consulted an attorney first before filing. You'd need to list a separate amount for your bills AND for pain/suffering. But it is a separate damage. You could try to refile just for that and argue it's a separate aspect of your claim. The other ins. co. will argue their side and worst case is that you'll loose.
Re: Insured person needs legal advise
You had your one and only opportunity. You chose to go to court with your claims in pro per, and were obligated to present them ALL at that time. You blew it. The case is over. You should have educated yourself and asked all your questions before taking action.
Rubbing salt in your wounds is unpleasant for you, but you need to understand that attorneys exist in the court system because they provide benefit to their clients. People who handle their own cases on the self confident delusion that they can do so effectively and 'save money' are simply depriving themselves of full recovery out of ignorance of how to work the system.
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