Legal Question in Personal Injury in California

Unsure how to handle injury settlement

I was severely injured in may 04 fx one side of ankle shattered the other side still under MD care have plate 6 screws in one side and 2 6cm screws on the other i am a floor nurse my MD says 100% arthritis in 10 yrs ?? if i will be able to work for last 14yrs before 65 and retirement. wage loss would be $840,000 at my same rate of pay already have wage loss 40,000+ med bills 45,000+ lost my job unable to walk for 3 mos. policy limits 500,000 after paying attorney,medical my share $175,000 what can i do to protect myself from future complications / inability to work etc. other driver 100% at fault.i don`t want to giveup any rights i still support 3 boys age 5-15 helpppppppppppp


Asked on 1/03/05, 3:09 am

6 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Unsure how to handle injury settlement

What you need is a good attorney to ensure you obtain maximum compensation. Once you settle, your rights will be fully and forever released. Also, once you deplete the other driver's insurance policy, you may be able to pursue additional monies under your uninsured/underinsured motorist coverage (if not yours, then the driver of the car that you were in. I'm assuming you were in a car too.). You will probably not receive a yearly payout over time to provide you money into the future. Rather, you will likely receive a one-time payment. What you do with the payment is up to you. Given your situation, prudent investment would be wise. On another note, do you have any type of disability benefits? Please feel free to call us. (The call is free.) We will be happy to help you.

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Answered on 1/07/05, 11:02 am
Joel Selik www.SelikLaw.com

Re: Unsure how to handle injury settlement

Invest wisely, make sure the adverse does not have assets or other insurance, or someone else possibly liable (such as road design)

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Answered on 1/06/05, 10:41 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Unsure how to handle injury settlement

If the insurance coverage was $500,000 the likelihood is there are other significant assets and you should not settle this case of policy limit. Also, there may be other possible defendants. Loss of earnings and medical expenses are fully recoverable from every at fault defendant, even if only slightly at fault. They are not prorated.

Have the file reviewed before settlement is agreed upon.

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Answered on 1/07/05, 5:49 pm
Alden Knisbacher knisbacher law offices

Re: Unsure how to handle injury settlement

You raise a number of issues -- with respect to the accident, you need to do an analysis of the defendant's wealth -- has that been done? The policy is not necessarily the ending point -- if the defendant is under-insured, he might have to pay out of his own pocket; there is also the question of why you lost your job and whether any of your rights (medical leave, disability discrimination, etc.) were violated. Feel free to call me at 415-522-5200 if you wish to follow-up. Good luck.

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Answered on 1/05/05, 9:14 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Unsure how to handle injury settlement

I can help you. You will need an attorney. Contact me via email at [email protected] or via phone at (310)266-4115

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Answered on 1/05/05, 9:46 pm
Daniel King Law Offices of Daniel King

Re: Unsure how to handle injury settlement

it sounds as if you have an attorney already. true? if so, you really need to speak to him or her. if you don't, there are lots of attorneys who would be interested in a case such as this, and i am sure, any one of us would be more helpful and effective than you doing this on your own.

have they offered the policy limits yet? this is delicate and can work to your advantage if handled correctly.

please feel free to call me, but don't leave it up to a website to get the last word of advice on such important issues.

good luck.

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Answered on 1/05/05, 10:47 pm


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