Legal Question in Personal Injury in California
Automobil Accident Injury
I was involved in a car accident where the other driver was unquestionable at fault. The other driver had a suspended license and no insurance. I only have the minimum state requirement for insurance. My car is a total loss and I also have a major knee injury that required surgery. The medical report shows that this injury will carry lifelong complications - including a lifelong loss of knee strength and possible future surgeries. I cannot at this time afford and attorney. I wish to sue the other driver for long term compensation. I am not sure if he has anything of real value to sue for - meaning very little money and no major property. First I would like to know if I file a Small Claims case for the loss of the car, will this damage my chance to file an additional case in civil court for the long-term injury? I would also like to know if there is a way I can gain legal council in such a case being that I am a teacher who earns a very modest living. If not, is it possible for me to take on the case on my own. If so, how might I go about doing this. Thanks!
6 Answers from Attorneys
Re: Automobil Accident Injury
Most attorneys will take this case on a contingency. Talking to them costs nothing. If you sue in small claims you will be barred from further suits.
Re: Automobil Accident Injury
With the other driver having no insurance, I first ask, Do you have uninsured motorist coverage? If not, you made a major mistake. Add it on asap. Re your car, do you have collision or UMPD coverage? If not, another mistake. RE your injuries, what about Med Pay coverage? If not, use your health insurance. If you're a teacher, you can afford to have better coverage. It's not that expensive. Or you may have a terrible agent.
Re an atty: if you have a decent case, you don't need any money. We work on a contingency fee. Sueing the other driver is pretty much worthless unless you check him out. Re small claims court--it's up to $5000. You'd have to limit your case to property damage only in order to preserve your injury case. Re legal help--try to get a free consult with a PI atty in your area. Most will give one. You could do the small claims yourself but anything more would be a problem. If you are in Orange County, give me a call.
Re: Automobil Accident Injury
You should have a qualified attorney look at every aspect of this case to determine 1) the solvency of the defendant, 2) the existence of other defendants and theories of liability. This initial evaluation will not cost anything for attorney time.
Re: Automobil Accident Injury
Unless the other driver without insurance has assets to collect from, you have a bad situation. Even if you sue and win a large judgment, he could go bankrupt, wiping out your win. You only get one lawsuit, pick small claims with it's dollar limit or Superiour court for unlimited. Without insurance or assets, an attorney is unlikely to be interested, since there is little likelihood you will ever collect anything from the driver. Sorry.
Re: Automobil Accident Injury
from the facts given, you would have a strong case in recovering on the damages to your car as well as your personal injuries as well. however, you should definitely sue on both at the same time so you are not possibly barred from further action in the future thur res judicata or collateral estoppel. you should definitely consult with an attorney asap regarding your options and rights here, especially if the "defendant" may or may not have assets you can attach in any type of settlement in or out of court. if you would like a free phone consultation on these matters, email us directly with your contact information.
Re: Automobil Accident Injury
Sorry to hear about your injuries. If you file in Small Claims, you are limited to a max of $5,000.00 and waive any amounts above that, so you can't file another suit. You may have a viable Uninsured Motorist claim if you have that coverage. Also, the defendant may have assets.
You really need to discuss the case with an experienced attorney A.S.A.P. Please feel free to call me and I will discuss the matter with you. Be aware that there are strict timelines so you don't want to delay. Thanks for your question and good luck.