Legal Question in Personal Injury in California

Re: Should I get a lawyer?

If you do hire a lawyer just make sure his fee is based on what he can get you over the 2000 you have already been offered. He should not get a percentage of the first 2000 because he did nothing for it.

Re: Should I get a lawyer?

You should always consult an attorney on a Personal Injury case. Insurance companies today routinely offere medical expenses x 2 on what they consider soft tissue injury. The fact that you saw a chiropractor only, does not sit well with the insurance companies. They view chiropractic as unnecessary treatment. It may be too late to get an attorney now, because your negotiations with the insurance company directly makes it difficult for an attorney to get you much more and then you have to deduct his one third or more. Probably the best thing now is just sue the other driver in small claims court. You can do that without an attorney and chances are the insurance company will up the offer when they know you are serious. Also the other driver will be upset with his insurance company when he gets sued and will put pressure on them. Try and get a couple thousand more before settling. Be aware that you must file the suit before one year or you will lose the claim. You might want to check with an Orthopaedic Surgeon before you settle to make sure your shoulder is completly healed. You should have consulted one early in the injury.

Good luck

John A. Giffen

[email protected]

Re: Should I get a lawyer?

Your 5-30 message was just posted. First issue is whether you actually have a more serious shoulder injury then one which simply requires chiropractic care. You should be evaluated by a Orthopedic specialist with an MRI if you have any limitation in range of motion. You should have an attorney assist any time there is a serious injury, and must file your lawsuit unless you have completed your settlement within one year of the accident. The value of your case depends upon the seriousness of your injury and the need for future medical care. If you would like to consult with counsel you may contact me by e-mail.