Legal Question in Personal Injury in California

Re: Big rig rear-ended me

I am very sorry to hear about your recent accident. My best advice to you is to hire a lawyer to assist you in obtaining fair compensation for your medical care, damage to your vehicle, cost of a rental car, and the pain and emotional distress you are experiencing. Your own insurance company will provide you with an estimate of the damage to or salvage value of your own car, but you do not have to accept that as final payment. You may make a claim against the insurance carrier for the semi that hit you. If you have a Med Pay provision under your own insurance policy, you may also be able to recover immediate payment for your medical bills (usually with a cap of $5,000). In any event, whether your insurance company pays for some of your damages, you will need to make a claim against the other driver for full and complete compensation for your injuries and damages. His/her insurance carrier will want to take your recorded statement (which should be discussed with your lawyer), will want copies of your medical bills, will want estimates of your property damage, and will want documentation supporting any loss of earnings claim. You are going through enough right now and would be well-served to hire a lawyer that can assist you in these matters. Please let me know if I can answer any other questions for you.

Re: Big rig rear-ended me

Call me directly at (619) 222-3504.

Re: Big rig rear-ended me

First, the test for settlement of the loss for your vehicle is "fair market value." You can check your area of residence dealers and papers to see if similar vehicles with similar options and mileage are selling at the range of offered settlement or are more. Once you ascertain the FMV, that's what you should settle it for.

Second, you should contact the other party's carrier and see what they will offer for your car. They might offer significantly more. Make sure when signing a release you do not sign away your rights to make other claims, such as bodily injury or loss of use of your vehicle.

Lastly, do not consider settling without have complete understanding of your injuries, including psychological, and the extenet thereof. You need to get a handle on the medical/psychological costs as well as future loss of earning ability.

Let em know if I can help (323)782-0099.

Re: Big rig rear-ended me

Dear Realtor:

Sounds like a big impact from the rear. It is too early to tell exactly what your injury is and you need to be seen from the start by an orthopedist--not a chiropractor. Be patient with the injury as it will take some time to settle in and show itself completely before either resolution or a more problematic outcome. Do not concede to anyone that you are fine and have no injuries because that is premature and may be incorrect. Defendants love to use those types of statements against you if they are recorded either in a statement or by physicians restating your comments in the records. X-rays rarely tell the story in cases like this and if there is continuing pain over 4-6 weeks I suggest you push for an MRI in order to assess disc issues in the areas where pain is evident. Please do not speak with the defense insurers or their representatives and do not give them statements. This is the type of accident case for which you should retain counsel and do so soon. As for the property damage check the net for blue book values but do not ignore sale prices of similar vehicles at dealers or in the papers. Good luck and heal soon. Best, Scott Righthand

Re: Big rig rear-ended me

Sue the bastard. That's the best you can do. You need to get some psychological assistance for post-traumatic stress and behavioral modification training to overcome your fear of driving. You are entitled to get sufficient funds to replace your vehicle. Not a new one, but the same year, model and condition as the one you were in.

You should get the best of treatment for your soft-tissue injuries. I don't know where you live, but there is equipment today that will allow us to document and preserve records of the nature and extent of your soft tissue injury. This type of injury takes a long time to heal and always leaves you more susceptible to future problems.

Get an attorney who will look out after you and get the most compensatory damages that can be gotten under the circumstances.

Re: Big rig rear-ended me

Since you don't know how to proceed or what to make of the case, you should get an attorney that does. You are very premature to even consider settling any injury claim. The property damage also does not have to rushed - if they won't pay fair value now, then it becomes part of an overall settlement. If you accept a low value for the vehicle now, you don't get to make it up later. Contact me if interested in doing it right.

Re: Big rig rear-ended me

It appears that the other attorney's on this list have already given you great answers. I deal with these cases on a daily basis. If you would like a free consultation give me a call at 818-427-6246.

Norm