Legal Question in Personal Injury in California

compensation

I was in an accident on may 8, 2006. The driver of a vehical ran a red light and was cited for running a red light, I was hurt in the accident and suffered a broken arm in two places . I was off work for three weeks and went to work on lite duty and was just released to go back to work in june. I have suffered a great deal of pain and countless hrs of no sleep, i have been in agurements with my wife about trying to have other children not having sex due to the pain and the cast on my arm which has caused a great deal of stress,the driver has 100000/300000 policy should i get a lawyer? or try to settle with insurance co. what do you think my compensation should be?


Asked on 8/28/06, 4:42 pm

10 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: compensation

I am not going to regurgitate what the other lawyers told you above. You have a great case and I have tons of experience handling these types of cases. Go to my website at www.thepersonalinjury.com or call me for a free consultation at 818.739.1544

Norm

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Answered on 9/01/06, 11:28 am
Phillip Cooke Law offices of Phillip A. cooke

Re: compensation

Interview experienced attorneys at free consultations to better determine what you and your wife should do.

Talking to an attorney can at least help you understand what the law is and how to preserve evidence if the insurance company does not make a fair offer and you have to file suit.

Insurance companies have become more and more conservative in paying money because they have been influencing juries with false information for years... They claim a lawsuit crisis when in fact there are fewer suits... They claim the laws need to be changed to protect the wrongdoers

when lawsuits deter wrongdoers...They want to limit damages with a fixed sum when inflation continues and those cases with fixed limits put the burden on taxpayers and the social security system when people are not fairly compensated...They have blamed lawsuits for their losses when they have lost billions with poor investments...They hide the millions paid to their officers when they try to blame lawyers for enforcing peoples rights and getting paid for their efforts.

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Answered on 9/01/06, 12:32 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: compensation

DO NOT TRY TO DO IT YOURSELF! Insurance companies see a sucker coming if when don't have a lawyer. You are entitled to compensation for your medical bills, pain and suffering, property damage, and your spouse might have a claim as well for loss of consortium. It's worth the extra time to have it done right -- like having your arm put in a cast properly instead of doing it yourself!

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Answered on 8/31/06, 3:40 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: compensation

Yes, you should get a lawyer. Then you should ask her what an appropriate settlement amount would be. She will want a lot more information than you have provided, and she will probably get you a much better settlement than you could hope for on your own.

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Answered on 8/31/06, 3:41 pm
Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

Re: compensation

You should make sure that you and your wife are properly represented by counsel.

A rush to settlement is usually not a good idea. The full extent of your injuries and damages may not known at this time.

The liable party's insurance company will not be looking out for your best interests. On the contrary, the liable party's insurance carrier will be looking out for its own bottom line, as well as the interests of its own insured.

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Answered on 8/31/06, 3:53 pm

Re: compensation

You should at a MINIMUM consult with an attorney to discuss your options so that you can make an INFORMED decision.

The insurance company will NOT act in your interests and will NOT do what is "fair". Instead, the insurance adjuster's job is to have the insurance company settle claims for as little as possible.

Sounds like your accident was pretty severe to have resulted in an arm broken in two places. Liability does not sound like any issue.

You should obtain copies of ALL of your medical records and billing and meet with an attorney to discuss your options.

I would be happy to speak with you.

wwww.LEGALWARRIORS.com

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Answered on 8/31/06, 4:20 pm
John Bisnar Bisnar & Chase, LLP

Re: compensation - The Real Bottom Line

Good question. Bottom line is, what is in your best interest. Will you �net� more with an attorney or without?

If your claim is worth an amount clearly above the policy limit, you can, with some coaching from an experienced personal injury attorney, collect the policy limit on your own. If your claim is not worth close to the policy limit, you will be unable collect the policy limit on your own. Much depends upon the value of your claim.

What is the value of your claim? Having handled thousands of cases over 28 years, I can not tell you the value of your claim based solely upon the information you have provided. There is a great deal more I would need to know about your injury, your prognosis, your profession, your wage rate and so on.

Where you on the job at the time? Do you have �underinsured� insurance? Are there other�s who may in some way have contributed to your injuries? Why didn�t your restraint system in your vehicle prevent this injury? Was the negligent driver on the job at the time of the accident? What assets does the negligent driver have? Can you expose the insurance company to liability in excess of the policy limits? How have your medical bills been paid? What reimbursement rights does your health insurance company have? All of these questions, and more, need to be addressed before valuing your claim and setting a course of action.

Your chances of out negotiating the insurance company is about the same as your chances of winning the World Series of Poker. If you are really good, have lots of experience and play your cards right, you can bet them. Otherwise, you have no real chance.

Bottom line . . . meet with an experienced personal injury that you feel you can trust. Take the time to get a real assessment of the accident, the injury and the valuation of your claim. Discuss with the attorney your options. Make an informed and intelligent choice.

John Bisnar and Brian Chase

2004 Trial Lawyer of the Year

"No-Fee-Until-We-Win policy since 1978.

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Answered on 8/31/06, 4:28 pm
Russell Kohn Kohn Law Office

Re: compensation

As many responses have indicated to you, the value of your claim and the options available to you to acheive full compensation for all your damages require more information. You should be aware that most lawyers, including our office, will give you a free initial consultation. You should take advantage of such consultation to learn your rights and decide the best way to proceed. You should also realize that injury attorneys usually have a contingent fee (no recovery, no fee), which is a percentage of the compensation obtained for you, and the fee in such cases is negotiable. Set a consultation.

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Answered on 8/31/06, 6:50 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: compensation

As you've been advised, your interests and bottom line will be protected with a lawyer.

My office makes house calls or you can reach and speak with me directly.

Good Luck

Charley

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Answered on 8/31/06, 10:57 pm
Joshua Hale Hale Law Group

Re: compensation

As it looks like you have been told over and over, an attorney in this situation is very important. My office offers reduced fees from what is finally collected and handles these situations every day. You should have the ability to collect damages from this wreckless driver, that will make you "whole" again, without a attorney taking the whole pot of what you collect.

Regards,

JDH

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Answered on 9/04/06, 2:30 pm


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