How To Claim Bodily Injury From An Accident
If you’ve been injured in an accident, bodily injury compensation may be available. But what is bodily injury? In California, bodily injury is defined as any physical harm or personal injury resulting from an accident that a victim suffers due to someone else’s negligence. This can include broken bones, lacerations, bruises, and even emotional trauma.
In this article, we will discuss:
- California bodily injury laws
- What a personal injury attorney can do for victims of an accident
Why it’s important to work with an experienced attorney?
Under California law, bodily injury may include physical pain and suffering, malfunction or impairment, emotional distress and mental anguish, as well as loss of earnings resulting from the accident. In order to receive compensation for bodily injuries, there must be a clear showing that the victim was injured due to someone else’s negligence.
Under the California Code of Civil Procedure, victims have the right to pursue a claim for monetary compensation. This includes both economic damages (such as medical bills and lost wages) and non-economic damages (like pain and suffering).
The law also stipulates that bodily injury from an accident must be serious or permanent to qualify for this kind of compensation. Medical records and other evidence may be needed to prove the extent of the injury and that it was caused by the accident.
A personal injury attorney can help you better understand your rights in such a situation. They can provide valuable insight into your auto policy and the legal process and ensure that you receive the full compensation you deserve.
At Ayuda California, our attorneys understand bodily injury laws in CA and have extensive experience successfully dealing with such cases. Don’t hesitate to reach out to us for help if you’ve been injured in an accident.
Bodily Injury Coverage
There are different types of liability coverages that you can get on your insurance policy, such as:
- Liability
- Personal Injury Protection (PIP)
- Uninsured/Underinsured Motorist
California law demands that all drivers and vehicle owners carry liability insurance in order to pay for medical bills, lost wages, funeral costs, and other damages incurred from physical injuries if they cause an accident. The at-fault driver’s policy limit is the maximum amount covered by their insurance company.
The state of California requires a minimum injury liability insurance coverage of “15/30.” This figure signifies that the insurance will cover:
- $15,000 for the death or bodily injury of one person in an accident; or
- $30,000 total wrongful death or bodily liability for all people killed or injured in an accident.
Most California insurers offer policies with coverage limits that exceed the state’s 15/30 insurance requirement. However, drivers and vehicle owners are liable for damages not covered by their liability insurance. For this reason, we recommend that drivers purchase policies with higher limits than the state minimum if they are able to afford them.
How To Claim a Bodily Injury Settlement
- Document the accident: Make sure to document all injuries and damages resulting from the accident in photographs, video, or written statements. This will be important for later when you will need to prove the bodily injury claim.
- Seek medical attention: It’s important to seek medical help in order to document the injuries sustained. This documentation will be used as evidence when filing an injury claim.
- Contact an Attorney: It’s important to contact a personal injury attorney as soon as possible. They can provide valuable insight into the legal process and ensure you receive the full compensation you deserve.
- File a bodily injury claim: Once all of the necessary documentation has been gathered, the bodily injury claim can be filed. The claim must include a detailed description of the bodily injuries and damages sustained, as well as proof that the injury occurred due to the negligence of another.
- Negotiate for compensation: The insurance company or at-fault party may try to lowball your claim. A personal injury attorney can negotiate on your behalf to ensure you receive the maximum compensation possible. Do not negotiate with insurance providers on your own or else you might get the lowest settlement lower.
- Receive injury claim compensation: Once the bodily injury claim is approved, you will receive the compensation based on your bodily injury claim.
What California Bodily Injury Covers
If you are involved in an accident in California and it is found to be your fault, liability insurance will cover the other person’s medical expenses.
Some examples of what can be covered under injury liability insurance are:
- ambulance transportation,
- emergency room expenses,
- medical bills and payments for things like chiropractic work and physical therapy,
- dental expenses resulting from injuries sustained during the accident
Bodily injury liability insurance also covers the injured person’s past lost wages and future lost earning capacity if their injuries prevent them from working.
What Bodily Injury Insurance DOES NOT Cover
Bodily Injury Liability insurance does not cover:
- Damages beyond policy limits
- Damage to the other person’s property
- Pain and suffering
- Punitive damages awarded by a court (in cases of gross negligence)
- Legal fees for the bodily injury claim
- Your own medical expenses or lost wages if you are injured in an accident
Why Work With a Personal Injury Attorney?
It is important to consult with an experienced accident attorney if you are considering filing a claim. Your attorney can provide you with legal guidance and help you understand your rights and what type of settlement may be available to you.
An experienced personal injury attorney will have an in-depth understanding of laws in California and the ability to communicate effectively with insurance companies on your behalf. They can also investigate liability issues and negotiate a favorable financial settlement.
Insurance adjusters are employed by automobile insurance companies. In a lot of instances, their interests will coincide with yours — at least at first. They would also prefer that another insurance company cover the damages resulting from an accident.
However, they aren’t interested in getting you the biggest settlement possible, especially if they’re the ones footing the bill — because either the other party was at fault or because you’re making a claim under your uninsured/underinsured motorist policy.
The biggest priority for the insurance company’s adjuster is to save the company money, which usually comes in the form of denying or delaying your claim.
Oftentimes, they will refuse to investigate the claim fully or learn all the facts. Instead, they might try to convince you to accept less compensation than what your case is actually worth. The best way to safeguard YOUR interests then is by hiring a lawyer that represents only YOU.
Your lawyer will not only make sure that your settlement agreement protects you, but they’ll also ensure it isn’t just a boilerplate benefiting the insurance company. If you have to take your case to trial in front of a jury, they’ll present your side of the story in the most favorable light possible.
Need To Claim Bodily Injury From An Accident? Call Ayuda California!
If you or a loved one have been injured in an accident and need help filing bodily injury claims, contact Ayuda California for assistance. We are dedicated to protecting the rights of victims and helping them receive the compensation they deserve.
Our experienced team of attorneys can provide legal counsel and representation throughout the entire claim process. Contact us for more information and to get the help you need. If you were recently injured, do not wait any longer to find legal representation. Contact Ayuda California as soon as possible so we can start working on your insurance claim right away. Our team is available 24/7 and eager to help. Contact us today!
