Legal Question in Personal Injury in California

Rear-ended over a year ago, still in pain, now what?

I was rearended in October of last year, while sitting at a stop light. I was taken to the ambulance, had an MRI done and a bunch of tests. Since then, I have had terrible neck and back pain/burning. I have been unable to finish my degree and now my student loan is going into default, I've been given so many different pain meds, trying to find one that makes me comfortable and ulitmately ended up in the hospital withdrawling off Morophine, which was a nightmare. I have been in PT twice a week for most of the year, but my ins. hassles me about more than 24 visits a year. I've been told that my case probably exceeds what the ins will pay and should settle my case now. Some say I should do it myself, others say I need an attorney. I'm just trying to get an idea of what I should expect them to do for me, so I know if I really need a lawyer or not. At this point I am in pain most of the time and just want some compensation. PT says my injuries may never heal, or take years to do so. I hired on an attorney and she refused to make calls or answer mine, so I fired her. Not real keen on having to find another. Do I go for the big law firms or a smaller one? What kind of time period would I have to wait in order to get a settlement?


Asked on 12/03/05, 7:45 pm

3 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Rear-ended over a year ago, still in pain, now what?

I would take your case and handle it correctly. Settlment can occur within 3 months, but it depends. It might go to trial which could take about a year before judgment.

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Answered on 12/05/05, 4:11 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Rear-ended over a year ago, still in pain, now what?

There is no clear answer to your questions. Obviously the driver of the other vehicle is liable for his negigence, and in theory the law will allow you to recover fair compensation for all of your monetary losses and for your pain and suffering, both past and in the future. I don't know the nature and extent of the insurance available covering the driver, your uninsured or underinsured motorist protection, whether the other driver was in someone else's employ when the accident occured and acting with the course and scope of his employment, whether the scene of the accident presented and unreasonably dangerous condition of which the governmental agency responsible for the road had notice, or whether the collision occured in part because of brake or other mechanical failure.

The job of the attorney is to be sure that his client collect all that is possible to collect from the circumstances of the case. Generally speaking, the client does not fare as well without an attorney. But, there are exceptions. Your prior attorney did not want to answer questions. You were right to fire that attorney. I would get an attorney who will be communicative.

I don't know if your injuries are soft tissue or otherwise. There are too many unanwered questions to give you much specific feedback.

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Answered on 12/05/05, 4:24 pm
Phillip Cooke Law offices of Phillip A. cooke

Re: Rear-ended over a year ago, still in pain, now what?

You have some significant problems. You may have substantial difficulty proving all of your losses. You should go to an attorney's office and interview the attorney before deciding whether to hire the attorney. Both small and large firms have competent attorneys.

Take your police report, your insurance information and any information about your claimed losses to your appointment. Act promptly as delay may cause the case to be more difficult to prove. If a public entity contributed to your loss you may have already waited too long.

In this day, insurance companies have become more demanding and less willing to pay claims. This is in part due to their political agenda. They continue to try to blame lawyers for loss of jobs, for making products more expensive, and for rising medical costs, when claims have been declining, suits have been fewer and the insurance companies have been losing money on investments.

Lawyers are watchdogs of peoples rights and help make companies make products safer, and force the medical and drug companies to be careful. Lawyers care about people and their rights.

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Answered on 12/09/05, 7:58 pm


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