Legal Question in Personal Injury in California
Dollar amount for pain and suffering
I was riding a new 2006 defective ATV which went into reverse, causing the quad to flip. I suffered a shoulder fracture and hip contusion. The accident occured 11/30/05. I've been out of work on disability, continuing though 2/15/06 or longer, and still need physical therapy. There is pain and suffering, lost wages, lost use of quad. I contacted the company, who sent an independent investigator to ''settle'' without attorneys. He at first told me the company would replace the quad. Later he said ''there was a recall a week or two after you fell.'' The company wants to fix it and return it. I'm still making payments on a quad I can't use. What amount should I ask for in addition to medical bills, lost wages, etc?
7 Answers from Attorneys
Re: Dollar amount for pain and suffering
No one can tell you how much your case is worth at this time. It is impossible. We all hope you will get better, and sooner rather than later. It is never good when you sustain such a serious injuury. There is no secret formula that we can use. You can read more about this at: http://www.calpiblog.com/2005/11/settlement_form.html
As a former insurance adjuster, trust me, this "independent investigator" is not independent. He is trying to get you to say things that will be used against you later in your case. Do no talk to him. Talk to an attorney before you talk to anyone else about your case.
Re: Dollar amount for pain and suffering
With a shoulder fracture, you shouldn't be handling this yourself. Consult with competent legal counsel. Insurance companies will low-ball individuals without attorneys and, if you were to accept, you'd regret it later.
Re: Dollar amount for pain and suffering
You have very substantial damages and you should be represented by an attorney. Of course they don't want attorneys involved. Contact me.
Re: Dollar amount for pain and suffering
Here are my thoughts:
1. Have no further contact with this "independent investigator". He is neither independent nor an investigator, but someone working for the company who has a vested interest in seeing you get the short end of the stick.
2. Continue to get the medical help you need to get better, follow your doctor's advice, and to the extent you can, get back to work.
3. Contact an attorney immediately. In addition to the personal injury claim that you have, you may also have a claim based upon a defective product and/or a claim pursuant to the Consumer Legal Remedies Act.
PLEASE do not try to handle this on your own, because you find yourself in a bad situation.
If you want to talk further, email me privately for a free consultation.
Re: Dollar amount for pain and suffering
You should not handle this without an attorney if you broke a bone. The job of the person you are dealing with it to pay you as little as possible.
Re: Dollar amount for pain and suffering
If the "independent" investigator was sent by the company, he has not interest in helping you. Instead, he will attempt to get you to settle for as little as possible. With the injuries you describe, including missing time from work, you should contact an attorney immediately. Most attorneys will consult with you for free to determine the strength of your case.
Re: Dollar amount for pain and suffering
You have a very serious injury as a result of a defective product. As such, this is not the type of case that should be handled without counsel. The insurance company�s goal is to pay as little as possible and they will do whatever they must to achieve their goal. Therefore, you must discontinue all communications with any and all representatives from the company and hire counsel at once.
Please contact my office at once to set up a free consultation at, 818.385.0520.
Best regards,
David B. Lupoff
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