Legal Question in Personal Injury in California
On 04/10/09 I crossed an intersection with a yellow light and hit a car that was turning left. The deputy sheriff did not ticket me nor the other driver. On the report, he stated that the cause of the accident was distraction on the part of both drivers. Since his report had many mistakes and contradictions and I disagreed with his conclusion, I wrote to the Captain of the Sheriff Department who had the case investigated. At the end of the investigation, an amendment to the report was issued on which it was stated that I was not at fault at all. I forwarded a copy of the amendment to my insurance company. When the 2 insurance companies went to mediation, they reached the agreement that both parties were at fault but the other driver more so than I, despite the amendment which stated the contrary.
After the accident my upper right arm started hurting. After 3 weeks of therapy, the pain had decreased but not gone completely. The doctor ordered 3 more weeks of therapy which I could not do because my insurance company had paid up to the limit of my policy. I lived with the pain thinking that it might go away by itself, which it didn't . Not only that, but it went from my upper arm to my lower arm. I still cannot reach my back, like when I'm fastening my brassiere and now I cannot weed my lawn more than 5 minutes because my lower arm starts hurting. The other driver's insurance company sent me an offer of $1,000.00 to settle the case. I think that the therapy costs far more than that without neither counting the time lost from my work when I go there nor the fact that even then, the pain may not go away.
Since I cannot afford legal representation I would like to know how should I approach the insurance company to get a settlement that would cover all my losses.
Thank you in advance for your response.
2 Answers from Attorneys
Many people do not hire attorneys in these cases because they feel that they cannot afford them. Most PI attorneys including myself work on a contingency basis on these cases.
You should call me for a consultation, you may be surprised at the real cost of not having an attorney.
I agree with Mr. Hale. Usually, people suffering personal injuries do not pay anything out-of-pocket to the attorney representing them. Many motorists have med pay, in which their own policy pays up to a limit -- usually $5,000 -- regardless of fault. Also, you might note that a police officer's opinion of liability should be considered hearsay and of no evidentiary value, unless the officer observed the accident as it occurred.
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