Legal Question in Civil Litigation in California
Time-off from work
My wife had an accident and was
badly shaken, called me to bring her
to the hospital and have our car
towed to prevent blocking a street.
Insurance said they could not pay my
hours spent to take care of this
matter. Since this is an accident
related time, can I bring them to
small claims court and what are the
chances of winning? Thanks
1 Answer from Attorneys
Re: Time-off from work
If your wife was injured in an accident, she (not you) needs to call an attorney right away.
Your hours spent with her at the ER are not compensable, although you may yourself be able to be compensated for something called "loss of consortium" if any.
Do not go to small claims court, this is not a small claim. Do not handle the claim yourself. Please do not be offended when I tell you that you do not have the skills, experience or emotional detachment to handle this serious accident claim yourself.
Neither you nor her should speak to any insurance company or sign anything until you have consulted a licensed attorney
Your chances of winning a fair settlement by yourself are zero. Your chances of winning a fair settlement with the help of an attorney depend on the facts of the accident, the severity of her injuries, and other factors. I would be pleased to hear from your wife directly.
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