Legal Question in Personal Injury in California

We live in California. My fiance was hit by a red light runner, the day before our wedding. (15 hours before our big wedding) Her BMW was totaled, but it saved her from any physical injuries, except for really bad airbag burns on her wrist. She did not go see a doctor as we had the wedding and subsequent 3 week honeymoon out of the country. The insurance company of the other driver admits total fault for the accident and offers us $1,000 in addition to paying our insurance deductible. We feel that $1,000 is woefully inadequate compensation for the pain & suffering, plus emotional distress of this happening on the eve of her wedding and all the worrying she did about replacing her car, on our honeymoon. How should we go about asking for more $ from the insurance company? Should we throw a dollar amount out there or just say we think it's inadequate, what are you going to do?


Asked on 10/30/12, 9:05 am

1 Answer from Attorneys

They'll most likely tell you to pound salt. You can't get emotional distress damages without substantial and objective manifestation, and generally psychological treatment. Any attorney worth their annual bar dues would easily stand up in front of a jury and point out that not only did your wife not have any diagnosed emotional trauma as a result of the accident, she happily went ahead with her wedding and off on a three-week honeymoon. The judge would then instruct them that as a matter of law there are no emotional distress damages that can be awarded. As for the pain and suffering, the rule of thumb is that absent long term treatment or permanent injuries, pain and suffering is worth 2 to 5 times medical expenses. Burns requiring no medical treatment are not "really bad burns." She had zero medical expenses. $1,000 is a pretty good offer for "general damages" on what really is nothing but a property damage claim.

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Answered on 10/30/12, 1:17 pm


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