Bodily Injury Claim
Every driver on a California roadway must carry bodily injury liability coverage with them. This type of insurance coverage is meant to cover injuries and death costs in auto accidents.
Filing a third-party bodily injury claim can be a heavy task. You will be required to submit multiple documents and negotiate with insurance adjusters. An adjuster will consider various factors when determining how much a claim is worth. Most of the time insurance companies aren’t willing to pay what is needed to cover the full cost of physical damages. It’s advised you seek legal representation if this is the case for you.
Bodily Injury Claim Attorney in Los Angeles
Filing a bodily injury claim doesn’t always involve an attorney, but insurance companies hardly ever fulfill the total amount of bodily injury costs. A bodily injury claim attorney like the one in Yarian Accident & Injury Lawyers, APC has years of experience dealing with various insurance companies.
Yarian Accident & Injury Lawyers, APC can negotiate on your behalf and ensure you receive what you need to recover. Call (818) 459-4999 to schedule a time to speak with Yarian Accident & Injury Lawyers, APC. Levik Yarian assists clients with bodily injury claims in areas throughout Los Angeles County and Tulare County.
Overview of Bodily Injury Claim
What Documents Do I Need?
If you receive urgent medical attention following a vehicle accident, you need to file a bodily injury claim. Regardless of the accident type being automobile, bike or pedestrian accident, you need to file a third-party bodily injury claim with the insurance company of the responsible parties. This type of liability auto insurance is meant to cover any physical or emotional damage caused by the accident.
Documenting treatment for your injuries is vital for receiving the best possible settlement. Make sure every medical professional you encounter details the extent of your injuries and the necessary treatment. You will also need to provide the following:
• Date of the injury
• How the injury occurred
• The prognosis and length of treatment
• Medications you are required to take
• Details of any scarring or disability
• Details of any ongoing pain management
• Medical bills
• X-rays
You should also have your physician document any emotional distress and treatment. Emotional trauma can be devastating, so do not underestimate the importance of undergoing treatment. Untreated phycological trauma can lead to further issues such as depression, anxiety and PTSD.
You can file a bodily injury claim on your own, but your safest option is to do so with the help of an attorney. A personal injury attorney can ensure all the necessary documents are present and advocate fair compensation.
Insurance Adjusters
An insurance adjuster determines the offer for a bodily injury claim. However, adjusters are trained to look for the best interests of his or her company and their clients. An insurance adjuster will consider the same facts a jury would consider in a personal injury lawsuit such as the following:
• Costs incurred from the accident and anticipated future cost
• Lost income and wages
• Emotional distress
• Pain and suffering
Unlike other damages, pain and suffering is not something with a monetary value. Adjusters may use a per diem or pain multiplier system to determine this amount. A per diem system involves a set paid amount for each day of suffering, while a pain multiplier happens when the cost of actual losses is multiplied by a set number.
Every bodily injury claim is different, so it’s hard to determine how much your claim is worth without a thorough evaluation. An insurance company will never pay more than the maximum of a policy. For instance, if at fault driver’s liability insurance covers up to $50,000, then $50,000 is the maximum amount the company will pay out, even if your injuries exceed this amount.
When is a Lawsuit Necessary?
Submitting a personal injury claim is your best option for receiving full coverage costs of your claim. However, If you accept a payout for a bodily injury claim beforehand, you will lose your right to file a claim in a civil court. California law does not limit economic damages such as medical costs and lost wages. However, you will not be rewarded non-economic damages in the following situations:
• You did not have auto insurance at the time of the accident
• You were convicted of DUI in connection with the accident
• You were injured while committing/fleeing a felony
To prevail, you will be required to prove the liable party’s negligence was the cause of your injuries. Common examples of negligence include driving under the influence, speeding and texting and driving.
Additional Resources
Liability Coverage and California Law – Visit the website for the California Department of Insurance to learn more about liability coverage. You can find out the minimum amount required for bodily injury insurance. You can also gain access to information about what happens if a driver does not have liability coverage and what happens if an accident costs more than the liability limit.
Damages for Wrongs | California Civil Code – Follow the link provided to read the chapter of the civil code governing personal injury. You can read more on who will not be granted economic damages and learn about treble damages in a commercial vehicle accident.
Bodily Injury Claim Lawyer in Los Angeles
Were you injured in an auto accident? Is the responsible party’s insurance company not covering all of your bodily injury costs? The attorneys at Yarian Accident & Injury Lawyers, APC have years of experience litigating on behalf of drivers, motorcyclist, bicyclists and pedestrians injured by negligent drivers.
Levik Yarian is a dedicated attorney who can represent you in cases like this one. Schedule a time to speak with Yarian Accident & Injury Lawyers, APC by calling (818) 459-4999. Yarian Accident & Injury Lawyers, APC represents clients in areas such as Burbank, Los Angeles, Visalia, Riverside, Fresno, Irvine and San Bernardino.
