Legal Question in Personal Injury in California
Hello,
- I was cycling and was struck by a car from behind by an insured driver.
- Rushed to an emergency room for head trauma, fractured wrist and sever cuts to skin also called "road rash".
- Filled out an "Authorization for Release of Health Information" for the insurance company.
- Today, I have many scars from "road rash" and my wrist has issues, however I am not seeking physical therapy for my wrist.
- Today the drivers insurance wants to pay out a few thousand dollars for "Bodily Injury" and "Property Damage".
- Is hiring a lawyer worth the time and effort for a much higher payout?
Thank You in advance for your time.
3 Answers from Attorneys
Hello,
Based on what you are describing, you are entitled to much more than a few thousand dollars, especially if some or all of your injuries are likely to require future medical care or if you will have symptoms for months or years to come. A lot of other factors will determine whether pursuing this through an attorney is a good idea, but at the very least you should talk to a good personal injury attorney to discuss your injuries and your legal options.
Thanks,
Arkady Itkin
San Francisco & Sacramento Injury Lawyer
I most certainly agree with my colleague. You've got nothing to lose and everything to gain from consulting with an experienced lawyer. Insurance companies are not in the business to hand out cash to accident victims. Especially to those without representation. Their primary objective is to pay as little as possible. That is why they are posting billions of dollars in profits each year. Just check out the stars in the Department of Insurance web site.
From my prior experience I can tell you that wrist injuries most often do not heal fully and early onset of arthritic condition is common. You will cause a huge disfavor to your financial interest if you settle with the insurance company for the pocket change that they are throwing at you. Call one of us. We are here to get the maximum you are entitled to.
Even if liability is contested by the insurance company or the driver of the vehicle that struck you, your case is likely worth much more than the pittance the insurance company is offering.
It would be important to know the nature and extent of your injuries and their expected duration before determining the value of your case. By settling early on, you may be sorry months, years or more in the future if you continue to suffer from your injuries.
What is the nature of your head trauma? Traumatic brain injuries can cause subtle symptoms that may not be apparent early on. Moreover, a head injury could affect your judgment that might lead you to making a bad decision about what to do concerning many things, let alone settlement of your claim.
You may suffer from traumatic arthritis of your wrist in the future. If this is the wrist of your dominant hand, the problems attendant to this injury could negatively impact you in profound ways. A wrist fracture could affect you for the rest of your life. You may not be seeking physical therapy for your wrist, but you may require surgery to your wrist at a later date, which would likely require physical therapy after that.
You also mention the many scars that you have sustained, but don't discuss their nature and extent. You would be entitled to compensation for future scar revision procedures, regardless of whether you opted to undergo such procedures. Also, you would be entitled to damages for your emotional and psychological distress attendant to the scarring as well as to all of your injuries.
There is also the question of how much the insurance policy limits are for the driver and owner of the motor vehicle and other potential parties that may be liable for that motor vehicle and be available for compensation to you. By taking certain steps, you may not be bound by those insurance policy limits, but you would likely need a lawyer's advice to determine how to cause such a potential outcome.
Also, you should also speak with an attorney about the availability of other insurance that may cover you, beyond that of the insurance covering the motor vehicle.
Almost certainly, based on what you describe, hiring a lawyer would be worth the time and effort to obtain a much higher payout. There is not much time and effort for you to expend to go about consulting and/or hiring a lawyer regarding your claim. Rather, the lawyer will put in the great time and effort that you might otherwise expend in pursuing your claim, freeing you to focus your attention on getting the medical treatment you need without the stress of the ongoing claim.
I provide free legal advice without obligation and I'm here to help people.
Ben Glen