How much should I accept for my claim settlement?

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How much should I accept for my claim settlement?

I already received compensation for my vehicle
that was totaled, but have yet to close my injury
claim / the claim as a whole. I wanted to go to
the doctor but didn’t have enough money to go
and pay out of pocket, so I don’t have any
medical bills. But who knows if I will experience
medical bills from it down the road? They
offered me 500 but that seems like a lowball
offer to make me close the claim. How much
should I ask for and what do I say? This is all
via email correspondence.

Asked on February 16, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have no basis for seeking any particular amount, since you have not seen the doctor: you have no diagnosis, no prognosis, no independent proof of injury, no medical costs, etc. If you were to go to court with what you have, you would lose--therefore, you have no leverage. Furthermore, the law does not deal in hypotheticals or what could happen: the fact that you might experience medical bills down the road provides no basis or grounds for compensation whatsoever. This being the case, take whatever they will ageee to give you: you don't have a legal basis to get more.


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