Legal Question in Personal Injury in California

i was broadsided at a intersection when a vehicle ran a red light i have a witness who happens to be the vehicle behind the red light runner who came to a stop and watched in disbelief as the car running through cross traffic his staement is with the officer and the insured party has excepted liability, i did not give any statement other then the light was green before paramedics boarded me out with profusely bleeding lacerationabove my left eye under my hair that required 6 staples. i was transported to a head trahma hospital where they performed a mri and ct scan and diagnosed me with a concussion and upper body injuries etc. i called my lawyer from the ER and they sent me home after about a 8hr stay i saw a neroligist about a week later who cleared me for tratment for my whiplash and upper torso strains its been 45 days with treatment 3X aweek and neoro visits every 3rd week Q. my pain still persists upper body neck etc. and some cognitive problems still linger and my vision is still blurry requiring glasses noy im 50yr. old male how long and what should be considered before settlement talks start and also i am a class A truck driver who has been on unemployment at the time of the accident should'nt i still be able to collect for loss wages as this injuriy has stalled my new job prospecting can i use my last income tax return as a gauge to what my loss of income would be calculated Thanks

Asked on 7/22/09, 9:16 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You can immediately make a claim against your own insurance policy for payment of your medical bills ("med pay"). In auto accidents, usually a person who is self-represented winds up settling for less than the full value of the case without an attorney's assistance.

Since you have an attorney, your attorney will evaluate your case and should make the right decision as to when the time is ripe to settle. If you're still treating and haven't completely healed, it might not yet be the right time to make a settlement demand. You also might not be able to collect unemployment during your period of injury since you can't return to work. The lost potential wages might be an element of your damages for which you might be compensated, depending on the reasonable prospects for your having found work but for the accident.

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Answered on 7/22/09, 9:32 am

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