DEAR Attorney Tan,
I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the claim. The insurance adjuster for the other driver said they would fix my car, and offered me $500.00 for my injuries. Is that enough? I do not know where to go from here. –K.K.
Dear K.K.,
The first step is to make sure that any injuries that you have suffered in the accident are examined and treated. You can recover treatment costs since they are considered “economic damages” that you suffered due to the accident. You can also recover for time away from work as “economic damages,” even if you used paid time off or sick leave.
The term “economic damages” means “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.” Civil Code Section 1431.2(b)(1). A person’s claim for economic damages apart from medical expenses are often overlooked and not pursued by persons who settle their accident cases on their own, or with the assistance of inexperienced counsel.
Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for...
Read Full Story: https://www.asianjournal.com/immigration/immigration-columnists/column-maximizing-recovery-in-personal-injury-cases-4/
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.