Legal Question in Personal Injury in California

personal injury

I was in an car accident in October, The other driver has accepted liability. My car's bumper and right side were minimally damaged. The impact was very hard. I am under the care of a doctor and have been for the last 3 years because of exposure to advanced nanomicrobic materials, mold and other enviromental toxins. I was in remission for 2 years.According to a toxicologist The impact from the accident caused these toxins to dislodge from both my brain and spine and as a result my health abruptly deteriotated. I begin to experience MS like symptoms all over again. I felt the same way I did right after my exposure to the raw sewage.I also lost my hair, I began to have infections in both my eyes, in the past the eye infections resulted in the loss of my eyesight. I had no choice but to take 5 months off of my studies I was also unable to continue my chiropractic treatment because I was too tired. Could you please give me an idea on the amount I should settle for? What is fair?

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Asked on 4/18/09, 9:02 am

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: personal injury

What I find puzzling about your question is that you give a very complex fact pattern which if your damages could be proven, could result in a decent outcome. Then at the end, you simply ask what you should settle your case for. Given the complexities, do you really feel that you would be able to negotiate a fair settlement on your own. Some people get lucky, but your case sounds very serious and I feel it would be best to seek counsel. You can contact me for a free consultation at 1.877.505.INJURY. If I am not close to you, then I urge you to contact a local lawyer because this is not something that you should attempt on your own.

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Answered on 4/20/09, 5:29 pm
Terry A. Nelson Nelson & Lawless

Re: personal injury

You want case value? Answer: You don't set the value. It is worth whatever the defendant is willing to pay in settlement, or whatever a jury awards at trial. Such 'fragile plaintiff' claims are generally difficult, and yours is quite 'exotic' to say the least, but they are do-able if handled right. To do so, you'll need excellent support from qualified medical experts to prove the industry 'generally accepted medical basis' of your claims and damages. I doubt settlement is possible at a value you would think is appropriate, based upon your theory of damages. You'll likely have to fight and win at trial on this case. If you are serious about handling this right, and can get the expert medical testimony to support your theories, feel free to contact me for the legal help you'll need.

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Answered on 4/20/09, 5:45 pm
Terry A. Nelson Nelson & Lawless

Re: personal injury

You want case value? Answer: You don't set the value. You can ask for anything you like. It is worth whatever the defendant is willing to pay in settlement, or whatever a jury awards at trial.

Such 'fragile plaintiff' claims are generally difficult, and yours is really quite 'exotic' to say the least, but they are do-able if handled right. To do so, you'll need excellent support from qualified medical experts to prove the 'generally accepted' medical basis of your theories and claims. I doubt settlement is possible at a value you would think is appropriate, given your posting facts and claims. You'll likely have to fight and win at trial on this case. If you are serious about handling this right, and think you can get the expert medical testimony needed to support your theories, feel free to contact me for the legal help you're definitely going to need.

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Answered on 4/20/09, 5:49 pm


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