How much should I accept for my claim settlement?

UPDATED: Sep 30, 2022

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How much should I accept for my claim settlement?

I already received compensation for my vehicle
that was totaled, but have yet to close my injury
claim / the claim as a whole. I wanted to go to
the doctor but didn’t have enough money to go
and pay out of pocket, so I don’t have any
medical bills. But who knows if I will experience
medical bills from it down the road? They
offered me 500 but that seems like a lowball
offer to make me close the claim. How much
should I ask for and what do I say? This is all
via email correspondence.

Asked on February 16, 2017 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have no basis for seeking any particular amount, since you have not seen the doctor: you have no diagnosis, no prognosis, no independent proof of injury, no medical costs, etc. If you were to go to court with what you have, you would lose--therefore, you have no leverage. Furthermore, the law does not deal in hypotheticals or what could happen: the fact that you might experience medical bills down the road provides no basis or grounds for compensation whatsoever. This being the case, take whatever they will ageee to give you: you don't have a legal basis to get more.

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 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.

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