Legal Question in Civil Litigation in California

Car Accident
In Dec.04 I was 4mos. pregnant and sitting at a red light. I was rear ended by an 87 yr old woman who was doing about 35mph. There was 8000.00 damage to my car. After she hit me she backed up and proceeded to hit the car behind her. She said she was confused and may have hit the gas instead of the brake. I had a passenger with me. I was having cramping and was scared I may be in labor. At the hospital I was told that if I was in labor that they could not stop it and that I would miscarry. I had to wait two days before an ultrasound cleared everything. I had severe neck pain. I had migraines that would cause me to throw up (one time all over myself in the car). I had a 6 mos. old baby at the time. I have never been to a doctor for neck pain before. My passenger has a history of it. My medical bills totaled more than hers. Due to the fact that I was pregnant my pain and suffering was greater. Not being able to take meds for pain & not getting certain treatments at the chiropractor. Her lawyer asked for 27,000 and she got an offer of 19. Mine asked for 25,000 and got an offer of 12. I have never been in an accident before. I am confused by this and am not sure if my lawyer is doing what he should be. Why would my offer be lower?

Asked on 6/21/06, 3:55 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Car Accident

It's hard to say. Maybe your passenger has a claim for lost income, or maybe there is evidence she will need more expensive treatment in the future than you will.

Your belief that you experienced more pain and suffering may be mistaken; your passenger may be in much more neck pain than you are, and the fact that she had such pain before has little to do with how much of her present pain resulted from the accident. Here again, she may also have more pain and suffering in store for her down the road than you do.

That's the best I can do based upon the limited facts you have provided.

Good luck.

Answered on 6/26/06, 9:00 pm

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Jonathan Stein Law Offices of Jonathan G. Stein

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Re: Car Accident

There are 100 reasons why your offer may be lower. It may have something to do with your attorney and the insurance company's experience with him or her. It may have something to do with the way the demand was presented to the insurance company. It may have something to do with the amount of insurance that the other person has. It may have to do with your backgrounds.

My point is that there are a ton of factors to consider in determining what a case is worth. You need to talk to your attorney and ask him why the insurance company made the offer that they did. I can tell you, as a former insurance adjuster, there were a lot of variables in offers, including things most people do not think about. You should have a talk with him, and if you do not like his answer, go get a second opinion about the value of your case from another attorney.

Answered on 6/26/06, 11:20 pm

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