Legal Question in Personal Injury in California

Injury from auto accident

I was rear-ended on the freeway while stopped in traffic by a vehicle who had been tailgating me for miles. My car was forced into the two fast lanes of traffic where I was struck by three other vehicles, one of which was a big rig. A police report was filed as well as an insurance claim. The driver at fault is insured. The damage to my car is a minimum of $3,800. I have torn ligaments in my neck and back & sought medical trtmt. What are my rights and possibility of a settlement?


Asked on 11/09/98, 11:55 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: Injury from auto accident

I read your question and before I am willing to

speculate as to what you can expect as far as

settlement I need to talk to you in order to get

additional information about the other drivers,

what the police report says and the position the

insurance company is taking. Your injuries sound.

There are several deadlines that need

to be met when dealing with personal injury and property

damage. Most important you have one year from the

date of the accident to file a lawsuit or settle

the claim. I strongly advise that you hire an attorney

I have over ten years experience in handling car accidents.

I can give you several references if you feel reluctant in hiring

an attorney you have never met in person, but this

day in age with the internet, fax and cell phones my clients

don't seem to have a problem with hiring me without

meeting me face to face. I can handle your case

on a contingency fee basis of 33 1/3%, which means

I would get a third of all settlement funds you receive

at the end of the case. Additionally, if for some

reason there is no recovery for your damages there is

no fee. It is the ultimate insentive to get you as

much money as possible, because the more you get the

more I get. This is a standard fee that almost all attorneys charge to handle

car accident cases. My office is in San Luis Obispo, but I practice law throughout

the state of California. I you don't hire me

please hire someone who specializes in personal injury

because I do know one thing and that is the insurance

company is out to settle your case with you for as

little as possible. I also urge you not to give any

statments to anyone, especially their insurance ajuster and

not even your own insurance adjuster until you hire

an attorney. The insurance adjuster will try to trick

you into admitting that the accident was your fault

and therefor they don't have to pay you. I just

want you to be forwarned.

I look forward to hearing from you, if I don't goog

luck with your case, I think you have a good one.

Sincerely,

John Hayes, Esq.

If you would like to hire my office to represent you

please call me at 805-546-9909 or email me with your

phone number and a convenient time to reach you and

I will give you a call. If you do call and you get an

answering machine, don't worry, I am a sole proprietor

and my wife is my legal assistant. I find that my clients

like that I am a sole practitioner, I actually know

everyone of my client's by name, which I don't any partner

in a firm would be able to claim. Since I am small I am

able to keep my case load down and spend more time on each

individual case. I hope you decide to retain me as your

attorney. Thank you for your time.

John Hayes

The John Hayes Law Offices

P.O. Box 3003


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Answered on 1/18/99, 12:54 am


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