Legal Question in Personal Injury in California

automobile accident victim

i was hit by a truck on the freeway, my car is totalled i have back and neck pains and still seeing a therapist for another six weeks. t wages and the opportunity to finish my job training( i was on job training when i got into an accident)i am having financial problems right now because i didn't get enough saary because of the accident, i don't have sick pay because i just started a new job. I missed days in school too and i have to drop my weight lifting class due to my injury and i am struggling to do my homework because i can't afford books right now because io was suppose to pay for it with my expected salary, i missed our family gathering in Benicia that weekend,too. what should i do? how much settlement is fair?


Asked on 2/02/00, 8:37 pm

2 Answers from Attorneys

Michael Gray Barber & Gray, LLP

Re: automobile accident victim

If someone takes your lottery ticket you can't sue for the amount of the jackpot because you might have won. You can only collect for actual damages plus pain and suffering. Pain and suffering is subjective but usually has a correlation to the amount of medical expenses. Of course, if there is permanent injury that is a different matter. Don't settle until your physical condition is permanent and stable. Good luck, Michael Hall Gray

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Answered on 2/07/00, 6:06 pm
John Hayes The John Hayes Law Offices

Re: automobile accident victim

Mr. Gray is right. However, since you were working at the time you can ask for lost wages. You are also entitled to pain and suffering. I realize that times are tough right now but if you settle for less now and end up having reaccuring injuries down the road you aren't going to be happy and once you settle a case you cannot go back later and ask for more money even if a medical problem is found. I think you should speak with an attorney. The insurance company knows that you are in need of money right now so they are going to hardline you at a certain amount that isn't even close to what is fair. Then you either have to take it or go to court. Let's say you hired me. The first thing I would recommend is that we find out how much longer you doctor thinks you need to be in treatment and how much that is going to cost. Then I would need to sit down with you and figure out exactly how much money you lost in wages, how much your medical bills are, damage to your motorcycle and calculate any other expenses that have been incurred because of the accident. The reason I suggest hiring an attorney is I was in your exact situation when I was starting college. I got hit by nonother than a priest. Now this was before I was educated in the area of law. I felt bad for the priest so I didn't even file a claim with his insurance company. I ended up living on rice and walking 5 miles to work. So I totally know what you are going through. If you are interested or if you would just like to bounce some numbers off of me, you can reach my office toll free at 877-546-9918 or by email. The consultation is free. I look forward to speaking with you.

John Hayes, Esq.

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Answered on 2/07/00, 9:35 pm


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