Legal Question in Personal Injury in Virginia
Vehicle Accident: What can be counted for comp?
I was involved in an accident in a parking lot while riding a motorcycle. I contacted the other driver's insurance company and they have paid for my motorcycle and riding gear.
However, I am trying to document my other costs. I have been to several doctors and phys therap relating to my injuries. My injuries affect both my work (sitting all day and typing) and to personal recreation (inability to play sports, etc. for any lengthy period of time). I have totalled up my medical bills (which actually went through my med ins, since I started treatment before they agreed to pay), and my time directly documented in the doctors visits. However, under recommendation of the therap, I have done home-exercise treatments in lieu of doctor's visits. My condition not being fully cured, I need to go back and escalate this injury to the doctor.
My questions: how to list the time for home-exercise program? How does injury law relate to injuries which may have existed (and been cured) prior to the accident, but re-occur as a result? Can I include the inability to perform recreational activities under damages? If so, how to document it? I have documented all of this information with my doctors.
1 Answer from Attorneys
Re: Vehicle Accident.
You have reached that part of the negotiations with the insurance company that is more art than science. Your injuries include more than the physical damage to your motorcycle, your gear and your person. You have lost time from work, suffered pain and inconvenience, and you may have a degree of temporary or permanent disability. Evaluating the dollar value of those elements is not science; there are publications that indicate the recoveries obtained in certain types of injuries, which can be helpful in determining whether you are in the right ball park, but there is still quite a bit of judgment involved in evaluating a personal injury case. Without being self-serving, I suggest you do not try to represent yourself in dealings with the insurance carrier.
Paul B. Ward
Law Offices of Paul B. Ward
8304 B Old Courthouse Road
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
