Legal Question in Personal Injury in California

hit by car
My boyfriend accidently backed into me with his car and severely broke my wrist. I am having surgery to fix it with a metal plate. I will be out of work for 6-8wks (I am a bartender)I would like to settle with his insurance co without a lawyer. I know they should pay for medical bills and my lost wages, but what would be a fair amount for pain and suffering. The doctor said I could have problems with it in future years and there will be a scar. I am 25 yrs old and attending college.

Asked on 10/08/03, 6:39 pm

5 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: hit by car

There is no way anyone else can answer your question. You are undergoing the pain and suffering and only you can determine what is "fair". That being said,every claim has to be considered in reference to the amount of coverage, the total of the medical bills and loss of earnings claim, the nature of the injury, the likelihood of residual injury, etc. If your boyfriend's coverage is small, and you are unwilling to sue your boyfriend for recovery beyond policy limits, you should demand the policy limit and stick with the demand. If the policy limit is substantial, you should have the case evaluated by an attorney before you make any decisions.

Answered on 10/10/03, 1:24 pm

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Donald Holben Donald R. Holben & Associates, APC

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Re: hit by car

That is not information any attorney should tell you without reviewing all docs/records/meds. Especially if the insurance company knows your connection with the insured, they may try to take advantage of you. Even if not know connection. Call good attorney to discuss in person.

Answered on 10/10/03, 2:36 pm

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Sam Eagle LAW OFFICES OF SAM M. EAGLE

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Re: hit by car

Sometimes you can settle without a lawyer and sometimes not. Let's assume bills and wage loss are a given (not always) but it may be too early to determine accurate pain and suffering. How long ago was the accident? Proper medical reporting will be important. Packaging your entire case will be important. Do you own your own car? Do you have Underinsured Motorist coverage on it? How much liability coverage does your boyfriend have? It may pay to at least have a consultation with a PI atty before doing anything final. If you are in Southern Calif., call me for a free consult.

Sam EAgle 714-963-5123.

Answered on 10/10/03, 6:20 pm

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