Can I get a settlement?
UPDATED: Sep 30, 2022
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Can I get a settlement?
I was in a car accident. Two vehicles
were racing and the 2nd vehicle ran in
to my vehicle, totalling it and
injuring myself and my girlfriend. I
would like to proceed with a law suit
and get re imbursed for a new vehicle
at the very least. We now have no way
to continue working, we have no
transportation and now we have medical
bills on their behalf. If you could
help I would appreciate it greatly.
Asked on April 30, 2017 under Accident Law, Colorado
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The property damage and personal injury claims are separate. The property damage claim will probably only pay the value of the totaled vehicle and not the cost of a new vehicle.
You and your girlfriend have separate personal injury claims.
When each of you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means reaching a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Each personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, the lawsuit against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Your girlfriend follows the same procedures with her personal injury case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.