How much money should I get in a car accident settlement from insurance company?

Question Details:My wife and I were sitting a red light and a guy hit us into oncoming traffic and I was able to turn my car from being hit again. We were taken to the ER due to neck and back pain. We both went through physical therapy for a year and I still have back pains and now I'm having problems with my feet due to walking differently which was caused by my back pain. We also bought a new mattress to help us sleep better due to this accident. My wife still has migraines and neck and back pain as well. We are ready to settle because it's our own insurance that's covering everything. We are just paying $10 co-pays and paying for medication. Should we still speak to an attorney for this? In Victorville, CA.

Asked 5 years ago under Auto Accidents | 5594 Views | More Legal Topics

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SJZ, Member, New York Bar | FreeAdvice Contributing Attorney Answered 5 years ago

Here's what you could potentially collect, when someone is liable for your injuries:

1) Medical costs--even if it's just $10 copays, you can get them; also the cost of the medication.

2) Any new or orthopedic equipment or furniture (i.e the new matress) you need, though you would probably need medical testimony or a prescription, etc. to show the need

3) Any lost wages

4) The property damage to your car, to the extent not paid by your insurance

5) Any dimunition in earning capacity, if you can't earn as much going forward due to injuries

6) If you have suffered long term pain or disability, or will suffer permanent pain or disability, you may be able to collect a large award for pain and  suffering--for example, permanent neck and back pain, and an inability to walk the way you used to, could easily qualify.

7) The cost of alternate transportation--e.g. if you had to rent a car while yours was repaired or replaced--to the extent not covered by insurance.

8) The cost of assistance (a caregiver; even a house keeper, if you can't keep house)

These amounts can be quite large. It typically is in a person's interest, when this much is potentially at stake, to have legal advice or representation.

Robert Spitz | Law Offices of Robert J. Spitz Answered 5 years ago

You should speak with an attorney before you settle or sign any papers with your insurance company.   I can assure you that whatever you are being offered is less than what you deserve.  In addition, I can get you a larger settlement or you will owe nothing in attorney fees.

Please contact my office for assistance with this claim.   This is not something you want to settle without legal advice.

Robert Spitz

(909) 395 0909

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