Legal Question in Personal Injury in California

Hi,

I just got in a serious accident a few weeks ago and the other party has admitted fault. This accident has caused me some neck and back

injuries. My insurance also claims that the car is considered as total loss. They have given me a monetary value of what they think my car

is worth, which is not acceptable by me.

Furthermore, the injuries have caused a change in my life. I can't hold my 4yrs son without feeling some pain in my back.

I can't do some of house chores, such as mowing the lawn and work on my backyard without hurting my back.

I'm interested to look at what are my options here. I like to find out what kind of settlements will I get if I sue the other party for physical

and emotion stresses. Can you tell me what are your fees if I do decide to use your services? Please break down the fees for me if possible.


Asked on 7/06/10, 12:02 am

6 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

The value of your case depends on the extent of the medical attention you require due to the accident. As such, you need to fully investigate your injuries by consulting with specialists about your complaints. Our office can help you find the right referrals to make sure nothing is overlooked. We can also help you document the day-to-day suffering which is so important to getting maximum results.

When the time comes, we will gather up all the evidence and present your demand to the defendant's insurance carrier, and fight hard for best settlement possible. If the other side proves unreasonable, we will file a lawsuit, advancing all costs ourselves, and take it to a jury if necessary. Our fees are only collected at the end of the case, and are industry-standard: 33% if recovery is made out of court, 40% if a lawsuit is needed.

To discuss the details of your case and get started, call us toll-free at (877) LION-FOR-LAW (546-6367) or visit us at http://www.thelionslaw.com

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Answered on 7/06/10, 5:13 am
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

My fees are 30 % of the gross recovery. I advance the costs and I am entitled to reimbursement of the costs in addition to the fees.I also provide all of the services described by Mr. Molloy.You can call me at 916-448-8831 to discuss this more specifically

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Answered on 7/06/10, 6:50 am

As you can see from the previous answers, the arrangements for personal injury cases are pretty standard. 30-33%, not including fees, costs extra. I only charge 25% if I can settle the case for you without filing a lawsuit at all, 30% if we settle before trial, and 40% if we have to try the case. If you are located in the S.F. Bay Area, I have offices or conference facilities in Contra Costa, Alameda, San Francisco, San Mateo and Santa Clara counties. If you would like a non-obligation consultation in any of those locations, let me know.

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Answered on 7/06/10, 10:58 am
Bill Newkirk The Law Offices of William H. Newkirk

No lawyer can tell you the value of your claim at the outset of litigation. There are numerous factors affecting the amount you should recover, but generally, the amount medical treatment you obtain, when you obtain it, the amount of time off work and wages lost, and if you are not employed outside the home, the value of household services you are unable to perform, and any other change in your circumstances caused by the negligent driving of the other driver are issues which affect the value of the claim.

Settlement offers by most of the insurance companies now days tend to be very conservative, and force you to decide just how much you will compromise before you hire an attorney to fight for you. Most attorneys charge between 25% and 40%, as does my office. We think you get what you pay for! If the case can resolve early, then a lower fee can be charged. When you need someone to fight for that last several hundred dollars, you want someone who is both willing and able to do it. It can't be done for small change.

The property damage claim for the value of your vehicle is another matter altogether. My office will charge you a significantly reduced fee for the property damage recovery, but by the same token, it is typically not worth it to fight over the amounts in controversey on property damage, simply because the variance in the sums offered and the acceptable amount to the property owner is usually not substantial, and the fees eat up the difference. You are entitled to recover the replacement value of the vehicle, usually established by the guides published by groups like the Automobile Club or the Kelly Blue Book, which look at the optional equipment on the vehicle, the number of miles on the odometer, the year, make and model, and other standardized considerations. You are also entitled to recover for the lost use of the vehicle for the period of time you are without the vehicle, or the rental of a replacement vehicle, up to a certain point in time.

We would be happy to talk to you. Our consultation is free.

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Answered on 7/06/10, 11:36 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 7/06/10, 7:54 pm
Robert Worth Robert J. Worth , Professional Law Corporation

If you are injured you need to seek appropriate medical treatment. The value of your claim depends upon various factors (e.g. the diagnosis, whether you make a full or only partial recovery, the jurisdicion you are in, meaning if the area tends to be more conservative or liberal and of course whether there is any issue of liability) thus, value really should not be speculated upon until you are diagnosed. I know an orthopedic surgeon who is regularly retained by various insurance companies as their expert witness that I have referred clients to and thus if that doctor says you were injured it would be difficult for the negligent driver's insurance company to say that you weren't. Attorney fees for this type of case are are contingent upon a recovery and depend upon whether or not litigations is required; (it's not always needed) but are are 1/3 before litigation. Although I have been representing injured claimants for many years, used to be a defense counsel and before that I was on the insuance claims side, responsible for the training of all liabilty claims reprentatives, claims supervisors and claims managers nationwide for one of the largest insurance companies so I know how they operate and think. I agree that you should seek legal advice to protect your rights. I hope this helps. If you have any questions feel free to contact me. Bob Worth (818) 222-2433

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Answered on 7/12/10, 12:01 pm


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