Some injuries you just have to suffer through like a broken tailbone. You can’t exactly put a cast around your tailbone. Instead, all you can do is take it easy while the painful injury heals. The common causes of a broken tailbone can vary from an accidental fall to a car collision. However, something remains the same.
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You’re uncomfortable and probably wondering if you can recover compensation for your broken tailbone. Sometimes, the answer’s yes. If your accident is caused by someone’s negligence, California usually lets you file a compensation claim. So, how do you get started recovering damages from your broken tailbone accident?
Navigating California Personal Injury Law
Okay, brace yourself the Golden State has a couple of insurance laws that can impact your injury claim. California is an at-fault state so you should be able to leave your insurance provider out of the legal process. You’re filing your injury claim with the individual responsible for causing the accident’s insurance provider. So far, everything seems pretty straightforward but just wait. We haven’t gotten to the other insurance rule.
California is also a modified comparative negligence state. Sometimes this works in your favor. Other times you may wish the state would repeal this law. Modified comparative negligence means more than one individual/entity may be liable for causing the same accident. Here’s a quick example for some clarification. Your vehicle is struck by someone running a red light as you’re making an illegal turn. Since both of you are violating traffic laws, everyone is liable for the resulting accident.
You’re assigned a percentage of fault for the role you played in the collision. As long as you’re not assigned more than 50% of the blame, you shouldn’t have a problem recovering compensation for your injuries and other damages. Before you stop paying attention to this law, there’s something you should know. Your compensation amount will be reduced by your assigned percentage of fault. Yep, this can really put a dent in your claim’s value.
Essential Steps to Take After an Accident
Your broken tailbone is making it tough to walk or stand. The injury is seriously affecting just about every aspect of your life. You want to recover compensation but aren’t sure how to go about the process. The legal process actually starts immediately after your accident. What you do following the accident can play a role in your ability to recover compensation.
Assess Your Injuries and Seek Medical Attention
Before you start freaking out about the accident, take a few calming breaths. This isn’t the time to let your emotions run wild. Save it for when you’re alone. Right now, you have other things to deal with, especially if you want to successfully recover compensation. Before you start moving around, check yourself for any injuries. A broken tailbone isn’t a visible injury but you’re going to feel it the second you start moving.
Figure out if you need an ambulatory ride to the hospital or if you can make it to your physician’s office on your own. Either way, you need to seek medical treatment even if it’s just a broken tailbone. Your healthcare provider can prescribe treatments that at least help minimize any pain and swelling. Besides, you may have additional injuries that just haven’t started showing signs or symptoms.
Report the Accident
California law requires pretty much all accidents resulting in injuries be immediately reported. Yep, this includes a broken tailbone. Regardless of whether it’s a car collision or a slip-and-fall accident, report it immediately when injuries are present.
Reporting an accident can be a pain. You’re stuck waiting at the accident scene until the authorities arrive and it can seem like they’re not in a hurry. However, it’s an essential part of the injury claim process so have a bit of patience. You can leave the accident scene if your injuries demand immediate medical attention. Don’t worry, the authorities will find you in the ER or your hospital room.
Provide details of the accident but don’t go too in-depth. You don’t want the at-fault party’s insurance adjuster to use your words to devalue your injury claim.
Gather Evidence, If Possible
You may think this is a fun part of the claim process but don’t get too carried away. You’re not Sherlock Holmes and there’s not a big mystery to solve. All you’re doing is gathering some evidence that can help support your broken tailbone injury claim.
Usually, this means breaking out your camera. The app on your smartphone works just fine. Take some pictures of the accident scene. Don’t worry about getting any snaps of the at-fault party. This isn’t necessary and may even make an already tense situation worse.
Look around for any surveillance systems, there’s probably at least one around. Make a note of its location for later reference. Your personal injury attorney can subpoena the footage to help prove your account of the accident. When it comes to insurance adjusters, there’s usually no such thing as providing too much evidence. Go ahead and get contact information from any witnesses. Once again, don’t go into detail about the accident. The at-fault party’s insurance adjuster is going to interview the same witnesses.
Calculate Your Damages
Your damages are any losses you suffer from the accident. Yep, this includes all medical expenses relating to diagnosing and treating your tailbone injury. You may also have property damage costs. What about missed work? If your broken tailbone is keeping you out of work, you should be able to claim lost pay. Non-economic damages also typically apply like pain, suffering, and mental anguish.
Are You Ready to File Your Injury Claim?
Before you contact the insurance company, it’s a good idea to consult with an experienced California personal injury attorney. Your lawyer can handle the legal process, including calculating your damages and sending a demand letter so you can focus on recovering from your broken tailbone.
