June 28, 2022 | By William Mattar, P.C.
What is a Bodily Injury Claim?
A bodily injury claim is a claim that may be filed by someone hurt in a car accident. Such a claim requests compensation, normally from the at-fault party’s insurance company, for injury-related expenses that can include pain and suffering, medical bills, or lost wages.
It can sometimes be difficult to determine what constitutes a “fair” bodily injury claim settlement after a New York car accident, especially considering that most motorists need to demonstrate that they sustained a “serious injury.” Those who sustained a serious injury should be entitled to some compensation for past and future pain and suffering, and that determination is not always “subject to precise quantification.”
So what is a personal injury claim based on?
The nature of the claim likely will depend on the type of injury sustained, the treatment required, and the extent to which it affects daily life.
Some common injuries that may give rise to bodily injury claims include
- spinal cord injuries;
- loss of vision;
- burns;
- vertebral fractures;
- internal injuries and bleeding;
- ear injuries;
- back injuries;
- concussions;
- herniated-disk injuries;
- foot and ankle injuries;
- knee injuries;
- loss of toe injuries;
- shoulder and rotator cuff injuries;
- wrist injuries;
- finger and hand injuries;
- facial scarring;
- broken or fractured hip or ribs;
- headaches; or
- chest injuries
The settlement or verdict amount will likely depend on which and how many of these types of injuries suffered and, most importantly, associated pain and emotional anguish . A bodily injury-claim settlement may also include the cost of treatment for injuries now and in the future.
How to File a Bodily Injury Claim
A bodily injury claim is considered a “third-party” claim because it is against the at-fault driver, who will often look to their insurance company for indemnification.
To make sure all of your expenses are paid for, document and keep a record of them, from the date of the accident until your claim is settled. After a New York motor vehicle accident, some expenses may be considered “basic economic loss” and will be covered by the no-fault insurance carrier. Those expenses that are not covered by no-fault can potentially be recovered in a bodily injury claim.
An experienced attorney can help you assemble proof (both as the liability of the at-fault motorist, and the extent of your limitations), and demonstrate that you should be entitled to a bodily injury settlement. To assist the attorney, it may be a good idea to:
- Hold onto photos of the scene and your injuries.
- Keep a record of your medical bills and printouts from examinations relating to your injuries.
- Keep proof of lost wages from work time missed due to your injuries
- Hold onto receipts of any expenses related to your injury that you incurred.
After making your claim, you should hopefully hear from the insurance company within a reasonable time.
The insurance company may offer you a settlement amount. If, despite negotiations, the insurance company does not offer a fair settlement amount that fairly compensates you under the circumstances, the next option is to file a lawsuit. Importantly, as part of the pre-suit settlement process, the insurance company will also ask you to waive your rights to additional payment in the future. That means the settlement has to fairly compensate for past and future pain and suffering.
Having the assistance of an experienced attorney who can help ensure you’re getting the best possible settlement can make a huge difference.
Want Help with Your Bodily Injury Claim?
We’re here to help if you need someone to review any bodily injury settlement offer. Some insurance companies will extend small “nuisance” offers to protect their insured, but these offers are often woefully inadequate to fairly compensate injured motorists. Contact us for a free case consultation today. We can help you file a bodily injury claim that leads to the maximum settlement possible.
At William Mattar P.C., we focus on personal injuries from motor vehicle accidents. With more than 25 years of experience representing thousands of injured victims like you, we know auto accident law.
If you or someone you know has been injured in a car accident, we're here to help. Call our office, at (844) 444 - 4444, or visit our website to fill out a contact form or chat with us directly.