Skip to main content

What would be the avg claim award for personal injury & suffering due to a rear end car crash where I sustained injuries.

South San Francisco, CA |

I was rear ended on the hwy at a 65 mph and slammed into the center divider & sustained injuries to my neck, back and right shoulder. I was not at fault, my car was totaled and I was transported to the VA hospital for treatment. I am a 100% serviced connected disabled vet so I don't have to pay for medical care, & I'm essentially retired. The driver was not on the insurance policy & my insurance (Farmers) is treated it as a uninsured motorist. I have a 50/100 uninsured motorist policy. My car was totaled but I did not have GAP insurance & they are valuing the car for 3k less than I owe on the car. My Dr authorized chiropractic care & indicated my injuries where consistent w/having whiplash. No broken bones, or spinal injuries in the xrays but I am in constant pain. What can I expect

Attorney Answers 12

  1. Best answer

    No numbers in my post as to value... but the basics set forth in the initiating post are all too common and very familiar to experienced personal injury attorneys... and one that does not make anyone but insurance companies happy (meaning money in the pocket)... soft tissue cases are tough as there are no pictures (MRI, X-ray, etc.) to blow up on the courtroom screen to prove to the jury that there is a real injury and not just complaints of pain to the neck, midback, and low back with radiation that has caused insomnia, anxiety, depression, and sexual dysfunction. Speed of the cars at time of impact is a factor that will also help prove injury (highway speeds better than side street speeds), but the damage to the vehicles will also be used... bumper damage of a few thousand? Minor impact... engine ended up in the front seat? Big impact. Bottom line... insurance companies love MIST cases (minor impact soft tissue), true victims hate them because they will get low balled... and personal injury attorneys somewhat begrudgingly take them because, deep down, we want to force these insurers to do right by all victims not just those of serious bodily injury.

    MIST victims may need to call a lot of attorneys before one will take the case, but call they should!

    Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation (Actos, Accutane, Actonel, Antidepressants, Avandia, Bextra, Byetta, DePuy Hip Implant, Digitek, Ephedra, Fosamax, Gadolinium, GranuFlo, Guidant Implantable Defibrillators, Hormone Replacement Therapy (HRT), Ketek, Kugel Mesh Patch, Lipitor, Mesothelioma, Nuvaring, Ortho Evra, Paxil, Pradaxa, Prempro, Prisma Dialysis Recall, Reglan, ReNu with MoistureLoc, Smith and Nephew Hip Replacement, Stryker Hip Replacement, Tequin, Topamax, Transvaginal Mesh, Trasylol, Vioxx, Yaz, Zelnorm, Zimmer Durom, Zyprexa, and More), medical malpractice, personal injury, and real estate law and does so anywhere in the State of California. *** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.

  2. You can expect Farmers to low ball you. They will attack chiro, and allege prior health conditions if you are disabled. The VA is entitled to get paid for the value of services it provides you. Get a free consult with a local injury lawyer.

  3. Expect to get the runaround and lowballed. Yours is a case that could have significant value. I would retain counsel. All the best.

  4. It really isn't possible to give you an accurate average claim award based on the information that you provided. Every case is unique and your recovery should reflect that. As previous attorneys who answered this question have indicated, you should contact a personal injury lawyer to help you. You should not trust the insurance company to provide you with a fair recovery if you are not represented by an attorney. I wish you the best of luck with your recovery.

  5. It can vary a bit, a lot is based on your injuries, but also what state it occurred in, it sounds like you suffered some clear cut injuries, but you don't provide enough detail as to your treatment, etc for me to give you a meaningful number and I don't know where this happened, if this happened in CA, consult a CA attorney

  6. You can plan on your insurance company turning on you. The spinal injuries or broken bones are the easy ones. Anything else you will get lowballed. My goal on every case is to make sure that my client gets the maximum amount of treatment that they deserve prior to settlement. Because of that I'm also very successful in getting the maximum settlement amount, but I think your case might be worth the $50k, but you'll need an attorney to get that much.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

  7. Every case is different. Retain a local San Francisco personal injury lawyer to fight for maximum compensation.

  8. Not enough facts to properly answer this questions. No attorney can tell you how much your claim is worth without ascertaining all the facts and circumstances, including, reviewing your medical records, and obtaining all of your medical bills. Contact an attorney for a free consultation.

  9. Average is all but irrelevant. There are many variable to damages. You need an attorney to determine whether there really is an uninsured situation and to assess your damages. You should be able to negotiate decent attorney's fees since there will be no jury trial in an uninsured motorist arbitration. That you are using a chiropractor in my opinion reflects negatively on your claim. You certainly will not be making a claim for earnings loss or loss of earning ability to the extent you have permanently left the job market before the collision.

  10. As your bodily injuries are soft tissue only , your recovery will be in the lower side. From your information, you may also have a pre-existing injury (would need more info to say for sure). Also, as you're retired, you won't recover lost wages. You may wish to consult a PI lawyer in your area.

  11. Look for guidance from an attorney in your state. Insurance companies really never offer what a claim is worth without litigation. Sometimes if the liability is clear, damages are horrible and low limits, a company will likely offer policy limits. But that is rare. Notify you company to make sure the necessary paperwork is filed with your state showing that you had insurance on the date of the accident. Good luck.

    *This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

  12. Varies from state to state and many factors come into play, including is there any comparative negligence, but discuss with your local attorney and if you don't have one, consider getting one asap

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics