Legal Question in Personal Injury in California

Passenger in accident

I was the passenger in an auto accident and the driver of the car I was in was totally at fault. I have neck, back, and knee injuries and have been getting medical treatment. State Farm Insurance has been paying the medical bills but they are not offering a settlement. I have not been able to work since the accident and have alot of pain. The accident was the end of June, how long should I wait for them to make an offer or what should I do next? Do I need a lawyer?


Asked on 8/29/00, 4:06 pm

5 Answers from Attorneys

John Hayes The John Hayes Law Offices

Re: Passenger in accident

I would definately recommend that you hire an attorney. If you are missing work because of the accident you are going to be making a claim for lost wages, future lost wages, future medical bills and pain and suffering. When you are finished treating for your injuries you are going to go back to work, do you really have the extra time to deal with adjusters and trying to figure out what amount you should settle for? I have specialized in these types of cases for over a decade and I know what to ask for as far as a fair settlement. You have to remember that an insurance company is a business first and foremost. They don't care how hurt you were or how much money you lost because you couldn't work. Their job is to wear you down and get you to take as small an amount as possible. The less money they pay out the more money they make, that is the bottomline. My job is to get all of your bills together, figure out how much in wages you lost, what your future medical bills may be, etc. I take this all into account and figure out a fair settlement. I handle these cases on what is called a contingency fee basis. This means that I don't get paid until the case is settled. You don't have to put any money up front. This also means I am on the ultimate incentive plan. The more money I get for you, the more money I make. I am you ultimate advocate. If you do decide to hire me do not tell the insurance company. Trust me, you don't want to listen to them tell you the downside of hiring an attorney because they know that the minute you hire an attorney they are going to be paying out a lot more money than they had intended to. I am not telling you this to scare you into hiring an attorney, I just want you to know what they do. Like I said, they are running a business the less money they pay the more money they make!

If you are interested in retaining my services, or if you would just like to ask me a question, I do offer free, no obligation consultations. You can reach my office by phone, toll free at 877-546-9918, or by email at [email protected]. If you email me please include your name, phone number, a brief description of your question and a good time to call. That way if I have any questions, or if you want me to call you, I have all of your information. Please know that names are not included with questions. I look forward to speaking with you and maybe working with you if you decide to hire me. I am located in San Luis Obispo which is half way between LA and San Francisco. I also have satellite offices in the Bay Area and Fresno which enables me to handle cases throughout the State of California. Most insurance companies aren't even in the state, so distance isn't really a problem. With email, phones and faxes, out-of-town clients aren't a problem.

If you do not take me up on my offer, please consult with an attorney before settling the case.

Sincerely,

John Hayes, Esq.

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Answered on 9/29/00, 3:28 am
Jeffrey Zinder Zinder & Koch

Re: Passenger in accident

You should retain an attorney. State Farm even though paying your medical bills may still try and contest the full value of your claim. The lawsuit must be filed within one year of the accident even though the insurance is paying the bills. The value of the claim depends upon how your complete life's picture has beeen affected. There is no set formula nor is there a requirement that the insurance company make you any offer unless you make a demand. You do not want to demand to low, get a quick settlement and then find out that you overlooked some area of recoverable damages. If you are in the greater Los Angeles area you may contact me by phone at 818-760-0100 ext. 101

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Answered on 9/29/00, 10:43 am
John Bisnar Bisnar & Chase, LLP

Re: Passenger in accident

Keep in mind that the insurance adjuster works for the benefit of the insurance company and is not impartial. The adjuster is a professional with many years of training and experience in getting injured people to settle their claims in a manner beneficial to the insurance company. The adjuster is not seeking truth, justice and fair compensation. The adjuster is seeking recognition from his/her supervisor for doing a good job in handling your case, which means paying you the least amount possible. The aduster is a professional in handling these matters. Do you have a fair chance of getting fair compensation in a situation like that? You have as much chance of getting what you deserve from State Farm's adjuster as you and I have teaming up against the Lakers to play a basketball game against them. We would be totally outmatched against the Lakers. However, you and I against State Farm is a different matter. Why? You have a legitimate claim for damages. State Farm has a contractual and legal obligation to pay you. With me representing you (or any top notch personal injury attorney) you will have what it takes to match State Farm's experience, skill and knowledge. The bottom line...you need a pro on your side. A personal injury team with the skill and experience of a team like the Lakers of last year (and hopefully this year). The top notch personal injury law firms are all going to give you a free consultation, advance your costs, expertly manage your case, not get paid until the case is over (contingent fee) and almost always get you more money recovered, after their fees and costs, than you would get on your own (there is a study out there somewhere by one of the Insurance Company Institutes that concluded that personal injury victums represented by experienced attorneys usually net more money after attorneys fees and costs than they would on their own without the fees and costs). Don't be foolish, don't try taking on the professionals at State Farm by yourself. Your case, your health, and your rights are much to important for that. A top notch attorney is going to make life a lot easier for you throughout this ordeal. There are questions you haven't even thought to ask that a top notch attorney will know about and will know how to handle. Please do not communicate with State Farm again until you have consulted a professionl personal injury law firm, one that does nothing but representing accident victums. Of course we would like to be that law firm. Call me, John Bisnar, (800) 956-0123.

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Answered on 9/29/00, 11:49 am
John A. Giffen Law Offices of John A. Giffen

Re: Passenger in accident

You need to protect your claim. I assume you are still getting medical attention. I hope you are going to a specialist. Do not keep State Farm informed on who you are seeing, especially if you are seeing a chiropractor. You need an attorney to advise you on how to protect your case You do not want any settlement offers until you have stabilized your injuries and know what future problems you might have. All attorney's work on contingency fees and get paid after settlement. The percentage the attorney takes is negotiable. Usually you will come out with more after you pay the attorney than you would without one. You have one year to file the law suit but dont wait. The attorney needs to hire an investigator and get pictures and interview witnesses before things are destroyed or witnesses change their story. You may reach me toll free @ 1-800-955-9504 for a free consultation. If I do not have an office near you I will refer you to a competant attorney near your area. John A. Giffen

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Answered on 9/29/00, 11:50 am
Joel Meskin Law Offices Of Joel W. Meskin

Re: Passenger in accident

Do you "need" a lawyer? No one has to have a lawyer. Should you have a lawyer? yes! As a rule the increased value of a settlement when you have a good lawyer increases sufficiently to both get you more and pay for the lawyer. On Personal injury, you have a one year statute of limitations as you know. When is the proper time to settle? When you have been released from active treatment and you have reached the point where you are not getting worse and not getting better. If this does not happen prior to the one year, you MUST file suit to preserve the statute of limitations. State Farm is notorious for hard ball and fighting low impact soft tissue type cases. I know, I represented them for three years in the past. If you would like to discuss this, give me a call. 818/783-3391.

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Answered on 9/29/00, 11:55 am


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