Legal Question in Civil Litigation in California

Personal Injury Compensation

I received, via mail in California, a letter from an attorney representing the victim of a personal injury. I am being blamed, in conjunction with one other, for the act of injuring this person. I did not perform the act that caused the injury but was in the vicinity. The police failed to make a case and it was thought over with. The letter is asking me to contact the attorney at my convenience ''to advise how you intend to compensate...for his injuries.'' Please let me know what I should do and if this has any substance. Also, my fear is that by me saying anything the case could be made stronger for the actual person who caused the injury.

Thank you.


Asked on 2/11/08, 7:51 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Personal Injury Compensation

That the prosecutor decided not to pursue the case is irrelevant to the victim's right to bring a civil lawsuit. You should not just ignore the letter; instead, you should hire a lawyer to review the case with you and to advise you how to proceed. If you are sued, you should hire a lawyer to defend you.

If you have liability insurance (which is often included in homeowners' policies and sometimes in renters' policies) it should pay most of the fees; the insurer will probably even hire a lawyer for you. Contact your insurer immediately to see how you should proceed.

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Answered on 2/12/08, 2:48 pm
Terry A. Nelson Nelson & Lawless

Re: Personal Injury Compensation

You either settle or get sued. Yes, you should hire an attorney to represent you.

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Answered on 2/11/08, 8:15 pm


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