Legal Question in Personal Injury in California
Major company asking about injury settlement
I was involved in an auto accident where I was hit from behind. The driver works for a major trucking company and I have communicated with their claims department on a settlement. They offered to pay for the repairs to the car, the medical bills and rental. I was also asked ''How much are looking to get for your injuries?''. I did not have an answer for the question, as I did not have a number in mind. They offered $600 for the injury. What would my options be at this point? I am not looking to be unfair, my injury as it stands is really not that bad, but at the same time, what if the injury becomes a problem later? Should I ask for a certain dollar amount just in case? I don't want to be greedy and ''take advantage of the situation,'' but I also do not want the company to take advantage of my ignorance in this matter.
2 Answers from Attorneys
Re: Major company asking about injury settlement
Be VERY careful here. There is no way an attorney could realistically tell you anything without seeing your medical bills and file.
You can send me an email with the amount of your medical bills and what your injuries are and I will try to guide you, but DO NOT settle the case without an attorney.
Re: Major company asking about injury settlement
Your question presents many important issues.
First, if you settle your claim with the insurance carrier, you will not be able to later make another future claim for your injuries or damages. This is your only opportunity. As a result, you need to approach this issue very carefully.
Although the insurance carrier has offered to pay for your medical bills, I assume that only refers to bills incurred to date. Do you anticipate any future medical care? Has this issue been fully evaluated by your physicians? Before you agree to a settlement, you need to be certain that this issue has been evaluated to your satisfaction and that you have a good handle on the issue of future medical care.
Assuming that the only remaining issue is the value of the "pain, suffering and emotional distress" associated with your injuries, this is a question that can only be answered by you. However, an attorney can assist you in coming to a reasonable number based on the economic damages you have incurred.
You will have to give them a dollar figure that you are seeking. Do not worry about being greedy because the insurance company will not over-pay you. Ask yourself what you think is fair, give them the number, and if they agree, do not second-guess yourself.
Finally, be assured that the insurance company has a distinct advantage over you in the negotiation process. The claims adjustor has likely resolved hundreds (or even thousands) of these cases in the past. You have not! Therefore, be careful in your dealing and make sure that they are not taking advantage of you. You may be well-served by some assistance of a lawyer through this process.
Let me know if I can be of any assistance to you.
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