QUESTION
Question about what to include in the Special Damages Section of Settlement Demand Letter
Asked on Mar 21st, 2014 on Automobile Accidents - North Carolina
More details to this question:
I was rear-ended where my car vehicle was totaled. The other driver admitted fault and was cited. I've already settled the Vehicle Damage claim where my vehicle was ultimately replaced. However, I'm now working on the Pain and Suffering claim where I am including the following items: Past Medical Bills, Future Medical Bills, Past Wages Loss, Future Wages Loss, Vehicle Replacement?. I would like to determine the General Damages total but was not sure if the cost of replacing my vehicle should be included since my car was already replaced. Thanks and any information would be greatly appreciated.
1 ANSWER
Plaintiffs Personal Injury Attorney serving Charlotte, NC
Partner at
Price, Petho & Associates P.L.L.C.
2 Awards
You should not include the price of replacing your vehicle if you have already settled the property damage portion of your claim.
I would like to address your medical expenses and wage claim. Depending on when you're accident occurred, with past medical expenses you may be limited to the amount of money necessary to satisfy the outstanding medical bills. If you have health insurance you may have to deal with reimbursement to your medical insurance carrier as well. Is there medical payments coverage that applies? Do you have underinsured motorist coverage that will come into play? If so, you will not want to settle with the liability carrier unless you've given your underinsured motorist carrier the opportunity to advance their limits. failure to do so could result in your underinsured motorist claim being barred. Is there stackable liability coverage available?
If you have future medical expenses and future lost wages, do you have a physician who has given you permanent restrictions? What impact will that have on your future lifestyle?Has any doctor given the opinion that you will have future lost wages? Other future medical procedures or surgeries going to be necessary, and if so what are the projected costs in today's dollars?
Without knowing any of the specifics of your case it's impossible for anyone, myself included, to determine whether not you are presenting your claim for special damages correctly. I would suggest that if your claim truly does have elements of future medical expenses, future lost wages or reduced earning capacity or permanency, then it might be wise to have an attorney represent you. It would be a mistake to assume that the insurance company adjuster will assist you in identifying these issues or help you prove your case for damages. Most if not all personal injury attorneys work on a contingency fee, which is contingent on recovery in your case.
Answered on Mar 25th, 2014 at 10:35 AM