How do I value a fractured foot in a car accident settlement demand?

Question:

How do I value a fractured foot in a car accident settlement demand?

Answer:

When you’re trying to figure out the value of a car accident injury claim, there isn’t a set formula you can simply plug a specific injury into and come away with a dollar amount.  Even with an injury like a fractured foot, there are countless variables that could come into play. How serious is the fracture? How extensive was the resulting medical treatment? Did your injury cause you to miss work, or do you work mostly at a computer so that mobility isn’t really a concern? Is it obvious who was at fault for the underlying car accident, or is that issue still in dispute?

In your car accident demand letter, your job is to tell the other side -- whether it’s an insurance adjuster or an attorney -- the story of your claim in as convincing a way as possible. Obviously, coming up with the right amount of money to ask for is a key aspect of your claim, but in many ways that figure will be determined by the specifics of your situation.

So, with any demand letter, you would start out by describing the car accident, explaining exactly how it happened and why the other driver was at fault. You would summarize what your supporting witnesses have said, and detail any findings contained in the police report.

Next, you would go into detail about your fractured foot. Describe each phase of your medical treatment, including emergency room care, x-rays and other diagnostics, visits with your doctor, follow-up, and physical therapy.  It’s also important to document any other effects of the accident and your injuries, from lost income to discomfort and missed opportunities.

This is where the potential value of your claim will come most sharply into focus, when you’re detailing all your damages associated with the accident -- including your medical expenses, your past and future lost income, vehicle damage, other financial effects of the accident and your injuries, and your subjective pain and suffering.  Learn more about Detailing Your Damages in a Car Accident Demand Letter.

by: David Goguen, J.D.

References:

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