Legal Question in Personal Injury in California

personal injury compensation

05/14/2004 I was involved in an automobile accident. The insurance company has accepted fault on behalf of their insured. I was injured and was given leave to recuperate by Dr. due to severe sprain of foot for 10 days no walking. I am an Emergency rescue worker and due to the physical demands of my job an additional week was needed to be certain my body was able to treat and transport patients confidently. Because I used my vacation time for additional time needed they dont wish to consider it. However my employer stated no restrictive duties available for our job and said to stay out of work until 100%. They are offering less that accual wages lost and nothing for personal injury. I haven't sought an attorney to assist me and the statute of limitations is almost out. To be able to proceed in arbritration must I proceed with filing for suit or is it a an automatically done so by the insurance company due to no agreement on settlement. My BMW had $12,000.00 and has since been repaired.


Asked on 4/19/06, 4:31 pm

5 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: personal injury compensation

So many issues here. First and foremost, you need to retain an attorney NOW. You have a statute of limitations that runs in less than a month and a lawsuit MUST be filed before the statute expires or you will get nothing. The insurance company is "jerking with you," to use the technical term! :) You are entitled to lost wages, medical bills, and pain and suffering. They are, essentially, arguing that you are not entitled to anything because you used your sick time. California law is clear that you are entitled to compensation for that.

Since I could go on for a bit longer, I am just going to refer you to two sources of information: my blog, www.calpiblog.com, where you can read about a lot of these issues, or my podcast, www.personalinjurypodcast.com, where you can listen to podcasts about what you are entitled to recover.

I cannot put in strong enough terms that you need to retain an attorney. As a former insurance adjuster, I can assure you that they are crossing their fingers and hoping you keep waiting and have the statute of limitations expire.

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Answered on 4/19/06, 10:31 pm
Daniel Harrison Berger Harrison, APC

Re: personal injury compensation

You are entitled to your lost wages, assuming they are reasonable. Insurance companies make money by paying out less in claims. That's what you are exeriencing. Have you received a check from the insurance company for your property damage? Insurance companies many times pay these out first as they come under a separate part of the policy and usually involve less dispute.

Anyway, you likely need to hire a lawyer before your time runs out. Contact us if you would like our assistance.

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Answered on 4/24/06, 2:03 pm
Tom Martin Law Office of Thomas Glenn Martin

Re: personal injury compensation

Don't assume that the insurance company is doing anything on your behalf to protect your interests.

Retain an atorney now. The statute of limitations for personal injury is 2 years and your time is quickly running out. You may be entitled to medical expenses, lost wages, pain and suffering, and possibly more. Refer to my website at http://www.tgm-law.com and contact me if I can be of further assistance. Given the short time frame, I'd be happy to meet with you this week for a free initial consultation.

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Answered on 4/19/06, 11:32 pm
John D. Williams Law Offices of John D. Williams

Re: personal injury compensation

The insurance company is not your friend. Their purpose is to save their company money. They are hoping that you do NOT file suit timely. If you fail to file suit within two (2) years, your claim will be legally denied.

As a personal injury attorney that started out working for law firms that solely represent insurance companies, I know exactly what they are doing. You are entitled to compensation for medical expenses, lost wages, including lost of sick time, pain and suffering and possibly more.

I have over twenty-five (25) years exeperience in personal injury litigation. If there is no recovery, there will be absolutely no charge to you.

If you would like a free consultation, please call me or e-mail me with contact information.

Good luck and thank you for your inquiry.

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Answered on 4/20/06, 2:26 pm
Terry A. Nelson Nelson & Lawless

Re: personal injury compensation

By now you should have figured out why most people hire an attorney, rather than try to practice law ON themselves. The insurance companies and their defense lawyers are not here to help you, or to be 'fair', but to minimize claims payments. If you want to get the best possible recovery, an attorney is the only one able to do that, unless you feel like figuring how to correctly file and serve a lawsuit, learning how to prosecute that suit successfully, how to handle all the pleadings, discovery, motions and hearings to be done, and somehow convince the insurance company lawyer that you are going to beat him at trial. If, instead, you decide to let a professional handle it for you, and get you a better 'net' recovery than you can for yourself, feel free to contact me to discuss the facts.

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Answered on 4/20/06, 6:44 pm


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