If you were not at fault then you are entitled to both economic and non economic damages. Hire a lawyer asap and let them handle all of this for you. It will take a ton of stress off of you. If you were cited at fault consult with a lawyer to see if the denial is valid. Good luck!
Mercury is notorious for wrongfully denying, delaying or lowballing claims. As a no fault victim, you are entitled to economic damages, such as medical bills and loss of income, as well as non-economic damages, including pain and suffering and emotional distress. My advice would be to either hire a personal injury attorney, or file a claim in small claims court, as you are unlikely to receive fair compensation from Mercury on your own.
Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
An insurance company "denial" is usually based on no coverage for the at-fault driver (such as lapsed policy for unpaid premiums) or no liability (where they claim their insured was not at-fault). Complete denials are rarely based on the amount of damages. The damages include physical injury, pain and suffering, disability or impairment and mental anguish related to physical injuries. Damages also includes ecomonic losses in the amount of loss, but no mental anguish for purely property related matters. The time limit in Florida for filing suit on an automobile collision is four years from the date of the collision. You should schedule a free consultation with a qualified Florida attorney.
The above is general advice regarding applicable state law. It does not create an attorney-client relationship in any specific case.
Unless you have significant experience negotiating accident claims you are much better off having an attorney represent you.
I provide a free 15 minute telephone consult for security deposit claims and eviction defense. No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.
I typically do claim costs of travel to and from doctors as well as the numerable intangible losses you cite. The rationale is that if you are merely given back your out of pocket expenses, that doesn't begin to take into consideration the real harm that was done; the interference with your life (loss of a normal life in Illinois), interference with your ability to function normally (disability), and the pain and suffering the injuries caused. To be honest, if there isn't a question of liability, coverage or extent of injury, the majority of the value of any given case is wrapped up in the intangible losses.
Ins cos dont care about you and what the law says you can collect. They want to pay as little as possible and they have lorts of money to spend to avoid paying claimants, even valid ones. You need a lawyer who handles injury matters to fight for you. Otherwise, you will be treated unfairly.
Don't play lawyer, retain one. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
One of my clients recently tripped on a sidewalk light at a local Orlando Theme park.
The insurance company offered $20,000 directly to client.
We were able to get a $100,000 settlement.
This is a great example of why you need an attorney to settle your claim.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Hire an experienced injury lawyer who will take the time to listen to your story. It is not as easy as making a whole lot of claims and hoping the insurance company will be fair. They don't care about anything other than saving money.
To answer your question, look up the difference between compensatory and consequential damages. Often consequential damages suffer the plight of being considered too attenuated from the original negligent act and this considered "unforeseeable."
As a piece of practical advise, get a lawyer. All the philosophies in the world are no substitute for experience in litigating claims and negotiating with adjusters.
Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.
mental anguish, distress, pain and suffering, lost wages, medical bills ,propery damages but not travel to doctors or goods stolen from vehicle against a 3p, also the spouse can recover for loss of consotium
Economic damages for personal injuries Medical expenses for personal injury Lost wages for personal injury Non-economic damages for personal injury Pain and suffering Emotional distress caused by personal injury Personal injury Personal injury settlement Types of personal injuries Personal injury and car accidents Small claims court
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