Legal Question in Personal Injury in California

auto accident

I was involved in a car accident and the insurance company of the other driver accepted full liability.

What is the rule of thumb in calculating my pain and suffering due to soft tissue injuries if my medical expense was $3000?

The insurance company refuses to pay any lost wages unless I agree to disclose my tax returns. I am self-employed so I do not have any check stubs. I do not wish to disclose my tax returns.


Asked on 3/13/01, 8:32 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: auto accident

Yes, lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. You need to obtain representation immediately. The insurance companies have attorneys to protect thier rights, why don't you? Please contact me directly at (619) 222-3504.

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Answered on 5/10/01, 12:05 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: auto accident

Your tax returns are privleged. The insurance company can figure it out from a P/L and they know it. There is no rule of thumb. It depends on the extent of your injuries. I can't give you a figure without more information. Who is the insurance company? I have done work for most of the big ones for over 15 years. I know their tricks. I practice in California and Indiana. If you could send me more details as to what happened and what injuries you had it would be appreciated.

Best regards,

Michael Cortson

attorney at law

219-340-3890

[email protected]

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Answered on 5/08/01, 5:00 pm
John Bisnar Bisnar & Chase, LLP

Re: auto accident

There is no rule of thumb for calculating pain and suffering. As far as settlement value, a $1,500 med bill for a broken arm is worth ten times a $3,000 physical therepy bill for a whip lash, even though ten years from now the whip lash will be ten times more of a problem.

Your tax returns are priviledged and you therefore would never have to turn them over. A profit and loss statement, paycheck stubs or bank deposits should handle it. However, the insurance companies can "deamen" anything they want. On the other hand you have the option of filing suit.

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Answered on 5/08/01, 5:22 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: auto accident

Your question has been sent to me as I specialize in personal injury law.

There is no real "rule of thumb" for calculating pain and suffering. With soft tissue injuries and medical bills about $3,000.00, your general damages could be anywhere from a few thousand dollars up to $6,000.00 to $8,000.00. There is a whole host of variables concerning the specific facts of your case which would go in to determining the value.

As to a wage loss claim for a self employed individual, this is always difficult. Depending upon your type of business, the kind of work you do and how you get paid, if you have kept adequate business records and ledgers, they may be sufficient in meeting your burden of proof. For people working on commissions, contingencies and other sporadic types of income, a prior history may have to be shown and tax returns may be necessary. You generally do not have to provide the entire return- usually, the Schedule "C" form is sufficient to show differences in profit and loss from one year to another.

You might want to consult with a personal injury attorney. If you are in the Orange County area, I would be glad to provide you with a free consultation to discuss the specific facts of your case.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW

10101 SLATER AVENUE SUITE #218

FOUNTAIN VALLEY CA 92708

TELEPHONE: (714) 963-5123

FACSIMILE: (714) 964-9993

http://www.firms.findlaw.com/eaglelaw007

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Answered on 5/22/01, 7:43 pm


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