Things like walking and sitting down are almost automatic movements. You really don’t think about it, this is just something you do. However, you’re going to start noticing these movements if you have a broken tailbone. Suddenly, sitting down is extremely uncomfortable.
If your broken tailbone injury isn’t your fault, can you recover compensation? Sometimes recovering compensation in a broken tailbone accident is possible. However, you can’t just file an accident claim and hope for the best result. If you want to receive compensation for a tailbone injury, there are a few key steps to follow like figuring out the value of your claim.
Factors Affecting the Value of a Broken Tailbone Accident Claim
Just because your medical bills are a specific amount, it’s probably not the true value of your broken tailbone claim. A lot more than your medical bills go into most personal injury claims. Depending on state insurance laws, comparative negligence may also be a factor.
Arizona is a pure comparative negligence state so you may share blame for your accident. If you’re partially responsible for causing the accident, your claim’s value is probably going to drop. Here’s a closer look at what typically goes into the value of a broken tailbone accident claim.
Severity of Your Injuries
Medical bills tend to be higher when injuries are more severe. While treatment for a broken tailbone is pretty limited to rest and some ice, the injury’s severity still plays a role. Not only will your medical expenses probably be higher, but you’re also missing work. Your lost wages are usually included in a personal injury claim and the longer you’re missing work the higher your financial losses.
Your Percentage of Fault
We briefly touched on comparative negligence. If you’re filing a claim in Arizona, you’re dealing with pure comparative negligence. This insurance rule lets more than one person or entity be responsible for causing the same accident. In other words, you’re sharing the blame.
As long as your percentage of fault isn’t over 99%, you can still file a claim for damages against the other liable party. However, your compensation is going to be reduced by your percentage of fault. So, if your settlement is for $100,000 and you’re assigned 50% of the blame, you receive $50,000 in compensation.
The Type of Accident
Some states have caps on personal injury settlement amounts, regardless of the type of accident. For example, some states like Georgia cap medical malpractice damage amounts. Other states have caps on personal injury settlements against government entities. Arizona doesn’t place any caps on personal injury claim values, regardless of the type of accident. The state even has a law prohibiting capping damages in personal injury lawsuits.
With that being said, the type of insurance covering your damages may have built-in caps. Some examples can include PIP (personal injury protection) and workers’ compensation insurance. Both only pay up to specific amounts regardless of your total damages.
Steps for Recovering Your Injury Claim’s Full Value
Before you get your hopes set on recovering the full listed value of your broken tailbone injury claim, negotiations are probably going to reduce the amount. This isn’t necessarily a downside. Your attorney should leave some room in your claim’s value for negotiations. This means you can accept a lower amount without worrying about being stuck with expenses. So, to help protect your claim’s value, here are a few steps all accident victims should plan on following.
Immediately Report the Accident
Most states, including Arizona, don’t require you to report accidents not resulting in injuries or fatalities. Guess what, your broken tailbone may not be visible but it’s an injury. This means you’re legally required to report the incident.
Usually, you dial 9-1-1 to report an accident but there’s an exception. If you break your tailbone at work, you report the injury to your employer. Reporting the accident starts the paper trail that helps support your injury claim.
Medical Attention Isn’t a Suggestion
Sure, it’s only a broken tailbone and treatment is limited. You can rest without being ordered by a doctor. You can also handle icing the injury without a prescription. While this is true, it’s not the best idea. You may have other internal injuries more serious than a broken tailbone.
If you’re planning on recovering compensation for the injury, you’re going to need your medical records. This means making an appointment with a healthcare professional as soon as possible.
Try to Document the Accident Scene
Even though a broken tailbone isn’t a life-threatening injury, it’s still incredibly painful.
You may not feel up to documenting the accident scene and this is okay. This is a reason why it’s vital to immediately report the accident. The authorities can document the scene.
However, if you’re up to it, grab your smartphone and take a few pictures. Get some pictures of any property damage and if you have any visible injuries. Look around for any traffic cameras and surveillance systems. Make a note of their location. Your personal injury lawyer can subpoena the footage. Eyewitnesses can also help support your broken tailbone accident claim so get their contact information.
Get Your Documents Ready
Filing a personal injury claim is more than simply calling the insurance company and filling out a form. You need to provide plenty of supporting documentation. What documents you need depends on what’s listed in your claim.
Typically, you need a copy of your accident report and your medical records, along with all bills, receipts, and any repair/replacement estimates.
Don’t Let the Insurance Company Reduce the Value of Your Personal Injury Claim
Don’t be surprised if the insurance company doesn’t take your broken tailbone injury too seriously. They may even scoff at your non-economic losses like pain and suffering. Don’t get discouraged and accept a low settlement offer. A better idea is working with an experienced injury attorney. Your attorney can help make sure that you receive the maximum value of your broken tailbone injury claim.