Legal Question in Personal Injury in California

Due to a car accident. i was out of work for 5 monthes, My car was totaled. Had to go through physical therapy the 5 monthes. Had a severe cervical muscle strain. The car at faults insurance only wants to pay me for pain and suffering 1,700. and loss of wages at work not even half, I was part time and made minimum wage. I', disputing offer but their saying that wont come up anymore. What are my rights. This claim ends tomorrow


Asked on 1/21/12, 1:40 pm

6 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

I don't know what you mean by "this claim ends tomorrow." If you mean that the accident was on 1/22/10, so that the statute of limitations runs tomorrow (which is a Sunday), then I'd say you'd better have already filed a lawsuit, because otherwise... by the time Court opens on Monday, your rights will be NONE. You need to talk to an actual lawyer RIGHT NOW, not just through a website. Feel free to give me a call at (877) LION-FOR-LAW (546-6367).

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Answered on 1/21/12, 1:45 pm
Michael Parker M.R. Parker Law

I am unsure what you mean by your claim ends tomorrow. In California you have 2 years from the date of the incident to file a lawsuit for personal injury, and 3 years to file a lawsuit for property damage. Please be aware of these dates. If they pass without you filing, then you will no longer have a claim.

When individuals only suffer soft tissue injuries, like it sounds like you did, insurance companies tend to low ball. If you feel like your damages are under $7,500 you can file in small claims court against the driver. This allows you, for a very small fee, to fight them in court. It is a quick process and the insurance company cannot participate in this process.

If your damages are over 7,500 but under $25,000 then you must file in limited jurisdiction. This is more complicated, and the insurance company will send lawyers to aid the driver in his or her defense.

Once you file the insurance company make you one or several offers before the court date. If you don't have a personal injury attorney , you may want to get one first. Adjusters occasionally come up once an unrepresented claimant hires representation.

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Answered on 1/21/12, 1:52 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

There is a reason we personal injury attorneys exist. You are yet another example of what not to do if you have an accident.

We handle car accident cases all over the State of California. 800-816-1529 ext. 1.

www.thepersonalinjury.com

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Answered on 1/21/12, 3:22 pm
Misty Wilks www.FinancialSolutionsLaw.com

You need to speak with an attorney to determine what laws related to personal injury apply to you. That is what everyone is trying to tell you. And it seems as if determining when the statute of limitations expires (the deadline to sue someone) is the first step.

Knowing how the system works and the games insurance companies play is why it is so vital to have an attorney in situations like this.

If you do not believe anything else, please believe that the insurance companies are all about keeping as much of their money as possible. They will never give you what an attorney can get you. Think about it - they think you will probably never sue, and that even if you do - they think they can beat you. If you have an attorney speaking for you then they know to take you seriously. They also have to consider whether they want to spend money paying an attorney to deal with your attorney. That automatically usually increases the amount they are willing to spend to settle. Trials can be expensive - they are more likely to settle for more if they know there might be a trial, than they would with someone they think they can scare and manipulate.

They have someone working for them to make sure they spend the least amount possible. Why don't you have someone working for you to make sure you get everything you are entitled to? And don't forget - it is free. And most likely, the attorney will still get you more than you ever would have gotten on your own.

Good luck,

Misty

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Answered on 1/21/12, 8:31 pm
David Lupoff Law Offices of David B. Lupoff

This is why we lawyers are here. Your results are typical for those who try to handle their own claim. Its best that you contact an attorney tomorrow morning. My telephone number is 818.385.0520. www.lupoflaw.com

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Answered on 1/21/12, 8:51 pm


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