Legal Question in Personal Injury in California

What are my chances of losing?

I was hit by a man changing lanes, he pushed my car into the lane next to me while coming over,we pulled over to the side of the road and I was very shook up , he gave me no information except a name and his licence plate # refused to wait for police and left me there. I called my ins. co, they said I could fill out a police report that day and I did. The other persons insurance co. paid for damages to my car however I suffered injury. The man is now 2 yrs later and no police report from him stating the accident happened completely different. I now have been told It could all go wrong for me if the jury believes his lies and not the true story? I m very worried, why would my lawyer be so happy to take the case and then turn around and say, well there's a chance you could lose and have to pay the other guys laywer fee's? I don't get it, I did nothing wrong, I did everything I was told.....help me understand this please?


Asked on 2/16/05, 3:16 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: What are my chances of losing?

Even if you lose, you will not be required to pay the other driver's lawyer's fees. You would have to pay the costs of the lawsuit -- filing fees, deposition costs, experts.

My guess -- and it's only a guess -- is that the lawyer finally read the police report. You can still submit a correction if you just found out about what was in the police report.

Perhaps your lawyer's trying to "soften you up" to take whatever the other side offers instead of having to go to trial.

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Answered on 2/16/05, 8:23 pm
Joel Selik www.SelikLaw.com

Re: What are my chances of losing?

Its sad, but the truth is amorphous and justice does not always win out. Listen to your lawyer carefully (some costs might be recoverable if you loose but not experts unless there is a rejected Offer of Judgment) and weigh the risks of going to trial versus the chances of winning and costs of loosing to the upside of winning to decide to settle. With the right facts (there are facts in your favor, and probably some against), the right lawyer with luck and hard work can get you a fair verdict.

Without all the facts, a percentage chance is not able to be calculated. Without more facts, even a guess would be without merit.

JOEL SELIK Attorney at Law

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Answered on 2/17/05, 8:59 am


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