Legal Question in Personal Injury in California

Auto Accident

I was in an auto accident, the person at fault totalled my car and I was out of work for 1 month. The Dr has now released me from treatment. Q: how much (percentage) should I ask the Insurance Company for - Monetary Compensation - for PAIN & SUFFERING,,,besides the amount due to the Drs, ambulance, hospital and car rental for?????? I was already paid for a car replacement.....THANKS


Asked on 1/21/09, 9:15 pm

9 Answers from Attorneys

Barry Simon Law Office of Barry J. Simon

Re: Auto Accident

Do you want to handle this yourself or get representation? The carrier will offer you less than if you have a lawyer. There is no set percentage. I need to know your bills, diagnosis and and LOE.

You can email to: [email protected]

Barry J. Simon, ESQ.

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Answered on 3/04/09, 5:10 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Auto Accident

Yikes! You've waited a very long time to ask for legal advice, and since you may have a good personal injury case I imagine you will hear from many of us. Whomever you choose, you won't be able to get your best settlement by yourself, and you could seriously mess things up. For example, you may already have signed medical records releases, and given recorded statements that can be used against you and which an attorney would have never allowed you to give. I urge you to find an attorney in whom you have confidence and who appears regularly in the Orange County courts, as I do.

Watch out for legal time limits, they can bar any recovery if you don't file suit in time!

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Answered on 3/04/09, 5:15 pm
Terry A. Nelson Nelson & Lawless

Re: Auto Accident

Feel free to ask for as much as you like if you're handling it yourself to avoid paying attorney fees. There is no 'standard' anymore, other than to expect a jab in the eye with a sharp stick by the insurance company. You will have to fight just to get all your bills paid. An attorney generally can get a better settlement than pro pers, but the choice is yours. Also, unless your medical bills are substantial [as they may be with a month off work], it is an issue whether an attorney will be willing to take the case, and whether it is worth you hiring counsel. If you have low bills, you will have to be willing to take a 'modest' settlement, and not expect an attorney to want to go to trial on a case with limited recovery potential. Ask those questions as you decide on counsel. Feel free to contact me if serious about doing so. I'll be happy to help you IF it makes sense for both you and I.

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Answered on 3/04/09, 5:22 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: Auto Accident

Most of what Ive read here is correct, if your injury requires treatment, you'll want to wait until completed to attempt to settle the matter. My experience is that these matters go much smoother and are more fully compensated when you have an attorney, even after the fee. I will make house calls.

You can call me direct Or email at [email protected]

Charley Rossman

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Answered on 3/04/09, 5:32 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Auto Accident

No one can give you the answer you deserve without reviewing your file and all the damages. Additionally, you will likely recover much less on your own than if you had an attorney representing you.

You can hire an attorney to represent you at no out of pocket expense to you. On this tpye of case, if you recover nothing, then you pay nothing.

Please contact my office for a free consultation.

Best of Luck!

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Answered on 3/04/09, 6:43 pm
Michael Pines Law Offices of Michael Pines

Re: Auto Accident

Sorry to read about the accident.

Your question is hard to answer without knowing more facts. Strongly suggest you read the basics of our website, espececially about the statute of limitations.

Please remember, you only get once chance for justice; so, if you settle, and it turns out you have more injuries than you know now, you're done.

Sincerely,

Mike www.SeriousAccidents.com

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Answered on 3/04/09, 8:02 pm
Russell Kohn Kohn Law Office

Re: Auto Accident

In California, fair compensation for injuries includes money for both economic and non-economic damages. Economic damages are loss of income, medical expenses, and other out-of-pocket expenses. Non-economic damages include pain, suffering, inconvenience, disfigurement, and the like. The largest portion of a claim is usually for the non-economic damages, for which the fair amount always depends on the specific effects of the injury on the victim's lifestyle. One way to measure is to look at the amount that others have obtained for similar injuries. Our office has this data and we have successfully negotiated hundreds of motor vehicle collision injury claims.

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Answered on 3/04/09, 8:49 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Auto Accident

Why would you short changing yourself by trying to settle this case on your own. Do you have any clue what you are entitled to, or how to prosecute this kind of case?

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Answered on 3/05/09, 7:38 am
David Lupoff Law Offices of David B. Lupoff

Re: Auto Accident

The answer to your question is driven by two elements. First, what is the insurance policy limit and second, how skilled is your lawyer?

Being that you are asking this question, the second above-stated element is not at issue.

If you are interested in a free consultation which would include a full review of your file, please feel free to give me a call at 818.385.0520.

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Answered on 3/05/09, 2:09 pm


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