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Rear end accident, my car had 7000.00 damage and I have 5000.00 in medical bill. other insurance company claimed 100% fault.

La Habra, CA |
Attorney answers 5


Case values depend on many factors including the past medical expenses, the projected future medical expenses and whether or not there is a permanent injury. In order to more fully answer the question, you really need to provide details about the injury.


Since the opposing insurance company is admitting to liability for your accident, the only real issue for your lawsuit is how much money will have to be paid to you for the damages you were caused to suffer as the result of the other driver's failure to control the vehicle that hit yours. The only real issue before you go to trial, however, is how much money you are willing to accept in order to settle the case without trial.

Those numbers will depend upon the amount of provable "special" and "general" damages the other driver's conduct has caused to you, as the injured party. Special damages are those which can be easily proven (medical bills, prescription receipts, lost wages, etc.). General damages are everything else (physical pain, emotional suffering, impaired quality of life, functional disabilities, etc.). Accordingly, you should contact your own attorney, licensed in CA and familiar with the practice of Personal Injury Law in your jurisdiction, to investigate the amount of provable "special" and "general" damages the other driver's conduct has caused to you in this case.

Some of the issues germane to your attorney's investigation of your damages is to determine whether or not you, as the injured party: will likely suffer severe and permanent personal injuries; or, will require both current and future medical care; or, will suffer extreme physical pain and permanent functional impairments; or, will have a quality of life that is permanently and significantly impaired.

Do not attempt to resolve this matter, or sign any documents for the opposing insurance company, without the advice and representation of qualified legal counsel. In short, the wise surgeon will never perform surgery upon him or her self, for obvious reasons--the risks of mistake are too great because the surgeon is personally (not professionally) involved in the case.

For the same reasons, the answers to your inquiry can only best be obtained via your personal consultation with an attorney licensed to practice in CA who is familiar with the Personal Injury Law issues above described. You should be prepared to take with you all of the papers related to the accident, your resulting personal injuries and all of your property damage.

By the way, most Personal Injury attorneys will not charge you a fee for an initial consultation. Furthermore, most Personal Injury attorneys will not charge you a fee for legally representing you in a case unless a recovery is made. In many states, however, the client is required to pay for the expenses incurred in a legal matter, separate and apart from the client's obligation to pay for any attorney fees. You should confirm whether or not this will be the case with your Personal Injury attorney during your initial consultation.


Assuming your question is whether the amount is fair, no attorney can determine that without knowing much more and reviewing all of your medical records and bills. Speak with an experienced personal injury attorney and hire one you feel comfortable with if you can find one to take your case. Unfortunately, once you've gone this far without one, it's difficult for an attorney to be able to get an insurance company to evaluate the case as they would have if you had hired an attorney from the start. Our firm, for instance, won't take a case at the stage your claim is in because the insurance company has a mindset now that the case can be settled cheaply.


The important factor is the extent of your injuries. What injuries do you have? Will you need future treatment and how much? Will any of your injuries leave you permanently impaired or disfigured?

If you had a sore back for a week then 7000 is probably generous. If you had anything more then, the 7000 starts to look less reasonable.

In any event you should consult with a personal injury attorney immediately for a consultation. I'd be more than happy to discuss this issue with you further.


My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at .

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