Legal Question in Personal Injury in California

I was involved in a car accident. I was rear-ended. I sued the person who hit me. I have sustained cathastrofic injuries and underwent spine surgery. I am in Pro Per and after the surgery I sent a policy limit demand and a 998 offer to compromise to the insurance company's attorney. They refused to pay up, and the time ran out. The next step is to go to jury trial,secure an award higher then the policy limit, get the defenadant to assign me her insurance policy and go after her insurance company for bad faith. Is this the correct order? Is there anything out there that I am missing? Is there any way to make the insurance company to settle the case in an amount greater then the policy limit? The policy limit doesn't even cover the medical bills. Please help!


Asked on 10/13/10, 11:21 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The sequence you have stated appears to be reasonable. You would file a separate lawsuit after you obtain a judgment. If you've never done a jury trial, it could be a daunting task to comply with not only the paperwork, but the rules of evidence, picking a jury, securing and compensating expert witnesses, etc. I would suspect that personal injury attorneys would probably take a case such as yours on a contingency basis, and would only be paid once there is an award. So, it might be something to consider, even at this later stage.

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Answered on 10/18/10, 11:50 pm
Joe Marman Law Office of Joseph Marman

Yes, Robert is right. Why aren't you using an attorney?

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Answered on 10/19/10, 9:17 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Cohen and Mr. Marman. Please understand that it is very common for pro per litigants to make serious errors that undermine their cases. The insurer's refusal of your 998 demand suggests that they think you are going to lose. It's possible that they believe this because you have mishandled your case. You should at least review it with a lawyer to find out whether you have made any major mistakes and to learn what, if anything, you can do to correct them.

Good luck.

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Answered on 10/19/10, 4:58 pm


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