Legal Question in Personal Injury in California

I was involved in a car accident almost 2 years ago and my claim is about to settle. I was injured in the accident and underwent about 3 months of physical therapy. I still get occassional headaches I never experienced before the accident. The insurance company started off offering me $3200, but now they topped out at $3900. My claim has to settle in the next couple day or take them to court. Does that sound like a reasonable offer?


Asked on 2/06/13, 12:59 pm

3 Answers from Attorneys

Rob Reed Law Office of Robert A. Reed

Depends upon a number of factors, including medical bills, property damage, past injuries, etc. Feel free to call for a free 10 minute consult on the issue (if you are not represented).

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Answered on 2/06/13, 1:07 pm
Robert Kubler The Kubler Law Firm

"Does that sound like a reasonable offer?" - Maybe I've seen a car accident where person had headaches settle for $3,700. But as Mr. Reed says it all depends. Further you're right about needing to settle or sue as the statute of limitations is 2 years from date of injury. That means it bars any lawsuit. Thus Lawyer up or settle asap.

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Answered on 2/06/13, 1:24 pm
Paul J. Molinaro, M.D., J.D. Fransen & Molinaro, LLP

Figuring out the amount one should accept as a settlement is a daunting task. Indeed, legal scholars have written entire books on this subject. Monthly lawyer magazines constantly provide new insight. Trade journals which specifically examine verdicts and settlements are found in law office libraries. Lots of data can be crunched to calculate a number, and then that number must be supported by experience, testimony, documents, records, and more experience.

I've been posting my biased opinions and comments here and there on the Internet for a while now (since the mid-seventies, I believe), and every time I see a post about a person doing battle all by his or her non-lawyer self against an insurance company, I keep thinking the post might as well read something like, "my no-insurance brother-in-law needs to get that brain tumor removed from the base of his skull. It's about the size of a penny nail and is hurting him something awful. He's up to six cans of Bud a day for the pain. So, what I need to know is whether I should cut through the top of his head or go in through his mouth..."

No one who has suffered personal injury should do battle against an insurance company without a lawyer. No one but a neurosurgeon should do brain surgery, even if one�s brother-in-law is a schmuck.

We personal injury lawyers offer free consultations. We handle cases on a contingent basis. We actually love the game, the battling, the negotiations, the tactics, etc. An injured person should just worry about getting better.

An injured victim�s lawyer will consult with medical experts to determine how much past, present, and future medical treatment will be needed and how much said treatment has and will cost. An injured victim�s lawyer will look as past, present, and future losses of income with regard to job availability, loss of advancement potential, MediCare set asides (if applicable), and medical insurance and lien issues. An injured victim�s lawyer will handle all of these issues and much more � all the while handling the formidable adversary known as the insurance company.

When a claim involves personal injury and substantial medical bills, hiring a personal injury lawyer is a must.

- Paul

Paul J. Molinaro, M.D., J.D.

Attorney at Law, Physician, Broker

Fransen & Molinaro, LLP

980 Montecito Drive, Suite 206

Corona, CA 92879

(951)520-9684

www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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Answered on 2/06/13, 3:40 pm


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