Legal Question in Personal Injury in California

Re: Rear ended.by a guy on his cell phone going 55mph

the duration and the monetary amoumt of your comp benefits depends on your pd rating whether or not you can claim benefits from your policy depends on the types and limits of your coverage as compared to the limits of the other drivers Whether or not a pursuit of the driver is worthwhile depends on facts not contained in your question.The outcome of the comp case also depends on many things also not contained in your question.you could end up with a lump sum with no lifetime medical or a monthly pd payment with lifetime medical limited to the condtion caused by the accident.In 1 1/2 years you should have been able to talk to these guys more than once.The service should be better

Re: Rear ended.by a guy on his cell phone going 55mph

Here's my pitch: with me, you get my e-mail and my cellphone. You can get through to me whenever you want, including weekends. Not to a "gopher"-- to ME, the attorney. I understand that MY inconvenience is nothing compared to YOURS. That's what I consider "service." If you want to hear more, call me toll-free at 877-LION-FOR-LAW

Re: Rear ended.by a guy on his cell phone going 55mph

Workers Comp requires the injury be 'on the job'. It sounds like this must have been while driving or otherwise on company business, since they're covering you. Your WCAB temporary benefits begin essentially immediately, but run out in time. A final dollar award for your permanent disability is the result of WCAB hearings. Your WCAB attorney will sort that out for you.

You can separately sue the at fault driver in a civil case, it is a standard PI lawsuit. IF he has sufficient insurance to cover all your damages and losses, then you're in luck. It makes no difference if it is the same insurance company. If he has low limit insurance coverage, and if he has no substantial income and assets, then you're not going to recover full value in this case. There is no magic wand to make this come out 'wonderful'. Feel free to contact me if serious about getting counsel to represent you in the civil case.

Re: Rear ended.by a guy on his cell phone going 55mph

It sounds like you have both a civil and a workers' comp claim. Be careful about how your workers' comp claim is handled. Comp carries like to seek a credit against 3rd party claims and many times the over treatment and over billing from all the comp doctors wipes out your settlement award from the civil.

I know this did not exactly address your question. However, since Mr. Nelson covered the basics, I thought I would add to the information.

If you would like representation for both claims, please contact my office at 818.385.0520 for a free consultation.