How much should a claim be worth when the damage to my vehicle was approximately $1300 and I was injured?

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How much should a claim be worth when the damage to my vehicle was approximately $1300 and I was injured?

I was hit from behind while at a complete stop. I have been going to therapy for 6 weeks, 2 times a week.

Asked on May 16, 2012 under Accident Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your property damage claim is separate from your personal injury claim.  Your property damage claim is the cost of repairs to your car.

Until you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, it is not possible to determine how much your personal injury claim is worth.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the at-fault party/ registered owner of the vehicle if somone other than the at-fault driver.  If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit for negligence against the at-fault party/registered owner of the vehicle prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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