Legal Question in Personal Injury in California

Response to Question on Minimal Claim

A few thoughts regarding the minimal accident. Regarding your injury, you are entitled to be compensated for reasonable and necessary medical expenses insurred as a result of the incident. If you have treated for the injury, the insurance carrier for the other motorist will want to see and review all of your medical treatment and expenses before attempting to evaluate your claim. The overall "value" of your injuries will be affected by the need for medical attention. For example, a "whiplash" (you say your neck hurt) requiring treatment with a doctor might result in you incurring medical bills would probably be viewed differently than a claim that you bit your tounge but did not see a doctor. In either case, you are entitled to "general damages" for pain and suffering, but the amount of the claim (which is subjective) will turn on the extent of the injury. You are entitled to claim loss of earnings for any performances you actually missed; be prepared to submit documentation from your employer. You are also entitled to claim actual wages lost from potential jobs as well as loss of earnings capacity BUT you cannot claim losses that are merely speculative. If you intend to claim these losses, be ready with specifics. You have the burden of proof. In addition to paying for the replacement of your car, you are also entitled to claim "loss of use" of vehicle for a reasonable time. Be cautious and read your policy re: how long a rental car will be paid for and the limit. While your own carrier may compensate you now, any additonal expenses can be claimed against the other carrier, but it is in your best interest to replace your vehicle as soon as possible to mitigate your loss. If you cannot resolve your claim with the insurance carrier, remember that you have ONE YEAR from the date of loss to file a lawsuit. This time cannot be extended for any reason. California law enables you to prosecute your own action in Small Claims Court (maximum recovery $5000) and you can handle that without an attorney.

Auto Injury Information

You will need to be able to document all claims. This includes, but is not necessarily limited to rental car expenses (with actual bills and limited to "reasonableness" in all respects), medical care (bills and medical records; most insurance companies will ask you to sign an authorization allowing them to get the information and documents), and lost wages (confirmed in writing by your employer). You are entitled to reimbursement on these expenses on a dollar for dollar basis. However, if you have health insurance, the health insurance carrier may be entitled to reimbursement out of any recovery for expenses paid on your behalf (most health policies require this reimbursement).

You are also entitled to compensation for "pain and suffering." There is no specific formula for this determination and every case varies.

California, and most states, apply principles of "comparative fault." For example, if a jury were to determine your case is worth $1,000.00 and that you were 50% at fault in causing the accident, you would only be entitled to recover $500.00. (This is an example and is not intended to place a value on your case).

At present, most auto insurance companies "lowball" their offers in "soft tissue" injury cases, especially where there is little or no property damage to the vehicles. Most "low impact" soft tissue injury cases that are going to trial in California result in verdicts for the defendant driver and when money is awarded, the amount is usually very low. There are many reasons this is occurring and an experienced personal injury attorney can explain why.

The statute of limitations (period of time in which you must bring a formal lawsuit or surrender all your rights to seek recovery for bodily injury) is one year in most auto cases. There are circumstances that might extend the period, but it is NEVER prudent to rely upon them.

You should retain an experienced personal injury attorney to handle the matter on a contingency basis. In the vast majority of cases, an injured person puts more money in their own pocket when so hiring a good attorney as opposed to trying to handle it on their own.

In your case, it will be very difficult, if not impossible, to claim and recover for the losses suffered by others as a result of your inability to perform.

THIS IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT OR OTHER ONGOING RELATIONSHIP AND IS PROVIDED AS A MATTER OF COURTESY AND INFORMATION ONLY. EVERY CASE IS DIFFERENT AND CAN ONLY BE TRULY EVALUATED BY AN ATTORNEY GIVEN THE OPPORTUNITY TO CONSULT IN DETAIL WITH A CLIENT AND OBTAIN AND EVALUATE ALL PERTINENT INFORMATION.