Legal Question in Personal Injury in California

Car accident

Hi I was hit by a car Sept 03 with neck and lower back Injuries I have been receving treatment from Oct 03 to April 04 I am still not of to par. I lost a week of work had to pay ER co payment, medications, And take days off because of Injuries. I could not do my usual daily actvites working out three days a week. It really put a damper on my daily life, for a long time, I still have bad days. My case was closed with my Doctor a few days ago. Still wants tm to be treated, under his care ETC. The Insurance company Is AAA which has a bad rep and have been total jerks to me. My total bill just for my doctor Is 5,657 or a little more. that does not Include week off and ER and meds, as well as pain and suffering. I am not trying to get more or less then what Is owed to me. My question to you Is what do you think Is fair? I was told they were suppose to double the total cost of everything, Please help! They will be calling this week to make me an offer. Thanks So much.--name removed--


Asked on 4/12/04, 9:59 pm

7 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Car accident

Never represent yourself in your own case. I can assure you that 99.9% of the time you will not get a good settlement without an attorney!

Norm

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Answered on 4/20/04, 9:47 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Car accident

Insurance companies are notorious for low-balling people not represented by attorneys. Therefore, you should seek legal representation and let an experienced attorney do the negotiating for you. Good luck to you.

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Answered on 4/20/04, 4:51 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Car accident

There is no way to answer your question with such limited information. If you think that what they are offering is fair and you are satisfied, take it. Otherwise contact a lawyer and go from there. The insurance carrier will try to victimize you a second time. If people did as well on their own as they did with lawyers, we'd be out of business.

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Answered on 4/20/04, 4:56 pm
Steven Kuhn Steven Kuhn

Re: Car accident

The value of your case depends on many factors. You should consult with an attorney to help you evaluate the case. I would need to know what your injuries are, what type of treatment you received, any residual problems, the type work you do, your age, the amount of damage to your car, etc.

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Answered on 4/20/04, 5:01 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Car accident

You will get a much better settlement if you have legal reprensentation. I have fought with insurance companies. You may contact me.

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Answered on 4/20/04, 5:34 pm
Terry A. Nelson Nelson & Lawless

Re: Car accident

There is no rule or guideline for what is 'fair'. The facts of every case are different. Fair is what you can convince them to pay. Your attorney will normally be able to recover more than you can 'in pro per'.

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Answered on 4/20/04, 5:43 pm
A. Russell Martin Law Office of A. Russell Martin

Re: Car accident

Hi,

I need a lot more information to accurately determine what a reasonable settlement might be in your case because many factors must be analyzed. From what you wrote regarding the extent of your medical treatment, you probably have a strong case, so I strongly recommend that you consult me (415/364-1604 / [email protected]) or another lawyer before making another move. It is commendable that you do not want to recover more than you deserve. That is my goal as well. Contrary to popular misconceptions about the legal profession, most lawyers only want a fair resolution for their client. Confusion often arises because a lot of accident victims do not realize that a fair resolution must encompass future losses as well. Right now, you are only thinking about your current medical bills and lost wages, but you have to consider a couple additional questions when evaluating the value of your case. For example, who is going to pay for any future medical care that might reasonably be necessary because of this accident? Who is going to pay your mortgage or rent payments when you have to miss work due to future medical problems stemming from the accident? ETC.

In short, you really need a lawyer. As my colleagues pointed out, having a lawyer greatly improves your negotiating position since insurers are far less inclined to lowball an attorney. Tragically, a lot of people unwittingly settle their claims for ridiculously low sums that won't even cover reasonable future medical expenses. Don't let yourself be victimized again. Call me for assistance. Here's a web page with more information about my practice and some general tips: http://www.lawguru.com/users/law/litigator/index.html.

There is a reason why professional licensing is required to litigate personal injury cases. Legal issues involved in such claims can get complicated if you lack the requisite knowledge and experience. Consequently, it is imperative that you get the strong, aggressive representation you need to win. I am available to help.

Best of Luck!!!

Russ Martin

(415)364-1604

[email protected]

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Answered on 4/20/04, 6:17 pm


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