Legal Question in Personal Injury in California

I was hit from behind while in standstill traffic on freeway. The person who hit me freely admitted in police report that they were going 60 mph and was not looking at road, never slowed down, because they were looking at the radio and changine the stations. My car was totalled, my son had neck and back pain for 2 weeks but he is pretty much back to normal. I have neck and back pain, headaches, etc. Going to chiroprator and for accupuncture. Also, my airbags never deployed, car wa a toyota highlander 2005.Questions: what expenses can I include in my claim (i.e., costs for actual medical care, cost for lost time at work, costs to replace vehicle, etc.?) I spoke with the insured's insurance company (USAA) and they were not at all friendly or helpful. And should I file a suit against toyota for non-deploying airbags when both my front and back-ends were totalled? I'm not sure the airbags would have really prevented any injuries, but am wondering if they are liable because of the defect? In all honesty I'm not sure I want to have an attorney because of the costs involved (meaning I need an attorney to collect approx 33% more than I wuold have on my own just to get back to ground zero, but would like to consider all options. Thanks


Asked on 11/23/10, 2:52 pm

6 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Being unrepresented, you probably will not receive anywhere near what an attorney would be able to get for you. You are entitled to everything you list above. If you were to file suit against the automobile manufacturer without an attorney, you might not get far beyond the starting line.

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Answered on 11/28/10, 3:37 pm

I agree with Mr. Cohen in all respects, and would add that unless the failure of the airbags to deploy caused injury, you will get nowhere with suing the maker. And even if you did, you are going to face defenses based on the maintenance history of the car, and arguments that they performed as designed (they are not designed to deploy in rear impact, though if you were rammed into a car in front of you maybe they should have). Bottom line: it would just be foolish to take on the auto maker without an attorney, and as Mr. Cohen said, you will probably get anywhere near what an attorney would get for you.

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Answered on 11/28/10, 8:13 pm
Michael Stone-Molloy The Lion's Law Office

On reading your post, my biggest concern is that you are seriously selling yourself short, and also potentially the case for your son. The accident you describe sounds very severe. Damage to a person in accidents like that can be hidden and long-lasting, but the average person just wants to get on with things and doesn't usually do everything necessary to fully investigate an injury. Insurance companies take advantage of this and settle cases early, before a lawyer can get involved and before a proper medical investigation can be done. Many times, people will discover that they still have serious medical issues, but it's too late, because they unwisely signed a release when they didn't have all the information. Don't make that mistake! You owe it to yourself and your son to be thorough. Don't be in a hurry! Take your time and whatever you do, do NOT take advice from the insurance company. It really would be better to have a professional who's totally on your side to help guide you. If the fee is a problem, that can also be negotiated, and remember, your son's fee is capped by law at 25%. I strongly suggest you call right away (877) LION-FOR-LAW (546-6367), or email: [email protected]

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Answered on 11/28/10, 9:05 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 11/28/10, 10:13 pm
Steven Kuhn Steven Kuhn

Most attorneys are able to get you at least 1/3 more than you can on your own, although there are no guarantees. Let an experienced personal injury attorney take over the case and advise you on what you should do. Airbags sometimes do not deploy in rear end accidents. It is unlikely, based on your injuries, that it would be worthwhile to explore this issue.

Our firm also handles cases all over the state and offer free consultations.

www.lawkuhn.com

Good luck to you.

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Answered on 11/29/10, 7:56 am
Rivers Morrell Law Firm of Rivers J. Morrell III

You are entitled to all costs, injuries, and any damages that are related to the accident, and your physical injuries, including all of the items that you noted. If you were not pushed into the car in front of you, we would not expect the air bags to deploy. That generally requires some sort of frontal impact. However, even if there was an air bag issue, the vehicle and driver that rear ended you is still responsible for all of the injuries, including those injuries that were caused, if any, due to the failure of the air bag to deploy. As far as gettting an attorney is concerned, this can be problematic, depending on what the total damages are. You can always consider small claims if the total value is less then $5000.

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Answered on 11/29/10, 8:08 am


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