What compensation should I ask for after a hit-and-run accident with ongoing PTSD and pain in CA?

Question

I was involved in a hit-and-run accident in the winter of 2023 in a rental car. A drunk driver in a truck hit me at a red light. Since the incident, I have suffered from severe whiplash that affects my sleep, work performance, and mental health, leading to PTSD and ongoing pain. My health care bills amount to around $5,000. My lawyer is handling negotiations, and we are approaching the point of asking the wrongful driver for compensation. How much should I reasonably ask for, considering the impact on my life and whether it depends on the drunk driver's insurance policy limits?

William John Light · Answer

That is a question that only your attorney should be discussing with you.  If you want a second opinion, you will need to contact other attorneys directly.  Justia is not an appropriate forum for that discussion.

Joel Gary Selik · Answer

All those factors are important, how much you suffered, what medical treatment you need, what medical treatment you had, what medical treatment you need in the future, and the amount of the adverse driver's insurance, and your under-insured motorist insurance.  It also depends on the attorney, the insurance company and adjuster, and to what extent you will go to trial. You can discuss this with your attorney or consult with other attorneys on the details.

James L. Arrasmith · Answer

Your situation sounds incredibly difficult, and I'm sorry you're going through this. In California, personal injury compensation typically considers economic damages (your $5,000 medical expenses) plus non-economic damages for pain and suffering, which can range from 1.5 to 5 times your economic damages depending on severity. The ongoing PTSD, sleep issues, and impact on your work performance would likely justify compensation on the higher end of this range. 
 
The drunk driver's insurance policy limits absolutely matter, as they represent the maximum amount you can typically recover unless the at-fault party has substantial personal assets. California minimum liability insurance requirements are relatively low ($15,000 per person/$30,000 per accident for bodily injury), which might not fully cover significant damages like yours. Your attorney might investigate whether the rental car company's insurance or your own uninsured/underinsured motorist coverage could provide additional compensation. 
 
Working closely with your lawyer is your best approach, as they understand California-specific precedents for similar cases involving PTSD and chronic pain. Consider creating a detailed impact statement documenting how this accident affects your daily life, work performance, and mental well-being - these personal details often strengthen negotiation positions. While money can't undo your trauma, seeking fair compensation acknowledges the genuine harm you've experienced and provides resources for your continued recovery.

Q: What compensation should I ask for after a hit-and-run accident with ongoing PTSD and pain in CA?