Legal Question in Personal Injury in California
I was in involved in a car accident on the freeway. I was rear ended by another driver, she is at fault. I went to urgent care because of back pain, and they took x-rays and gave me muscle relaxers and pain medication. I had my two young boys with me in the car as well. I want to know what legal rights I have for injury, if any, and car seat replacements. Please advise.
4 Answers from Attorneys
Your legal rights are for damages, which fall into two categories: economic and general. Economic damages are the kind that you can show documentation for-- hard monetary losses, like damage to your car, as well as medical expenses and lost earnings. General damages the kind of intangible damages that you can't document so easily but are in many cases worth much more money than just medical bills or wages. These include things like physical pain, mental suffering, including the emotional suffering of seeing your children injured, physical discomfort while recuperating, loss of enjoyment of your hobbies or usual daily activities, interference with your personal relationships such as with your spouse.
As you can see, the "general" damages are wide-ranging and deal with the most important things in our lives. It is exactly this part that insurance companies fight tooth and nail to not pay! That is the #1 reason why people end up hiring an attorney: because insurance companies will not be fair on general damages.
Of course, the longer you wait to hire an attorney, the more you play into the insurance company's hands. In my practice, I help guide my clients as the build their cases to achieve maximum recovery. Since I don't get paid unless they get paid, we work together like partners, step by step until we win.
If you would like to discuss your case in more detail with me personally, at no obligation, please call toll-free to (877) LION-FOR-LAW (546-6367). I will be glad to help you.
You are entitled to be reimbursed for all of your actual damages including property the cost of replacement car seats, all of your medical, hospital, and any treatment costs, loss of earnings towing expense, rental car and any deductible that you may have paid.As noted by the other attorney you and your children (if injured) are also entitled to pain and suffering (general damages) for the injuries suffered in this unfortunate rear end accident. I was in claims before parcticing law and I was alos the national claims training administrator in charge of training the claims representatives, claims supervisors and claims managers so I clearly know how they think, act, evaluate and negotiate and I have been quite successful in dealing with them. they do not all like to pay depending upon which insurance company you are dealing with. No all respect your rights although some do. I hope this helps. Bob
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