Legal Question in Personal Injury in California

Re: Injury claim

Obviously, the BEST person to talk to is your OWN lawyer, but I can give you a few tips: Did your lawyer talk to you or your wife about her emotional injury, and was that discussed in any demand letter or other communication with the other party? Second, did your atty advise your wife to obtain some professional diagnosis and possibly TREATMENT for her emotional upset? That's what PROVES what's going on. Otherwise, anybody can say it upset them. It usually does, too -- but you MIGHT need some professional to see her, I don't know. Like I said, I have so little info, it's hard for me to be sure of my own answers here. BUT, I know that there are counselors who specialize in helping people overcome the emotionally traumatic aftermath of a more serious auto accident. The diagnosis would PROBABLY be just PTSD (post-traumatic stress disorder), and I've seen some good results with the use of counseling and a technique called "EMDR." That's short for eye movement desensitization and reprogramming.

Point is, you have to have some DOCUMENTATION, preferably from the appropriate professional, to ge the insurance companies to BELIEVE that what happened to the two of you indeed happened.

As to future chiropractic care, your lawyer may have requested a narrative report, which may have addressed that. IF NOT, it may be worth having your chiropractor write a short note to your lawyer,explaining the need for future care, plus a cost estimate.

Finally, you're lawyer is RIGHT about it being hard to get fair value on soft-tissue injury claims. It's a matter of getting the docs to back up the nature of any ongoing or residual problems. Also, it helps to have an MD validate the prognosis of the DC. But, EVERY CASE IS DIFFERENT, so I couldn't say whether the suggestions I made up there are appropriate for you. For example, although your van was "totalled," that doesn't tell us how much damage was done, especially if it was an older, low-value vehicle. IF there wasn't much physical visible damage, for example, that makes it much more difficult to get fair value; at least, without filing a lawsuit and letting a jury decide.

Good luck!

Sam

Re: Injury claim

I am a California lawyer so I cannot give advice on N.M. legal issues. I assume this is a N.M. case. You need to consult with a N.M. lawyer. There is a general rule that you try to settle cases at 2-3 times medical expenses, or 5-6 times for broken bones, slipped disk's or surgeries. My initial thought without knowing more is that you are within the range of an acceptible settlement. Again, without knowing more, I cannot add more. My thoughts are general in nature and related to California law only.

Re: Injury claim

I agree with much of what Mr. Hochberg says. I want to add that the $8,500 figure appears to be merely the insurer's opening offer. Chances are that they will be willing to negotiate. If they never go high enough to satisfy you you have the option of suing.

Keep in mind that an accident which occurred in New Mexico is governed by New Mexico's laws, not California's. If the trucker is from California you should be able to sue in a California court but, even then, the California court will have to apply New Mexico law.

Try posting your question again, listing New Mexico as the state whose laws you are asking about. Hopefully a lawyer from that state will reply.

Good luck.