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