Legal Question in Personal Injury in California

MVA Appropriate Settlement

I got into a serious accident, in which the other party did not yield to a private stop sign and resulted in lower disc displacement and cervical spinal stenosis. 1 year of alternative therapy did not work so I succumbed to a 1 level spinal fusion with instrumentation and laminectomy. Other party's ins demonstrated ''bad faith'' and acknowledged it. They wanted to settle without other party being informed and opened their books to above the policy limits. I have not been discharged from the neuro nor have I started PT (3 months post op) and other ins wants to settle for 365k. I have lost my job as a special ed teacher and real estate & notary bus decreased, besides all the personal anguish & marital problems this has caused. After al lthe deductions I would only net about 100k. Does this seem right & is that a fair settlement. To go back into my field I need to complete another credential. I would also have to pay for my own xrays & PT. Please help!!!!!


Asked on 2/21/08, 5:37 pm

3 Answers from Attorneys
Michael Stone-Molloy The Lion's Law Office

Re: MVA Appropriate Settlement

NO! That does NOT seem right and it is NOT a fair settlement.

From what you have described, you should not have to pay for ANY of your past treatment. The money you would receive should be sufficient not just for your pain and suffering, but also for your FUTURE treatment.

You also need to be connected to a Vocational Rehabilitation expert, who can help you get the job re-training you need. The costs for that whole program should ALSO be part of your recovery, together with all past and future lost income.

If the insurance company has "opened" its policy, then there are virtually NO LIMITS to what you can recover. The only question is: how much do you deserve? From what I see here, you deserve a lot more!

If you feel your attorney is not being aggressive enough, you have the right to substitute him at ANY time. His fee will come out of the same percentage that your new attorney will receive. In other words, it won't cost you a DIME to switch attorneys. If you want to talk some more about this case, feel free to contact me directly at 866-LION-FOR-LAW.

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Answered on 4/10/08, 8:03 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: MVA Appropriate Settlement

You are apparently bright, and competent.

Why in the world haven't you sought out a competent p.i. attorney before this? You should do so today!

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Answered on 4/10/08, 8:04 am
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: MVA Appropriate Settlement

Are you currently represented by counsel? If not, I suggest you contact an attorney as soon as possible. These are very complicated cases, and you will need someone to examine your case in-depth before determining whether the settlement offer is a "fair." If you are not represented and you would like to speak to someone, I would be happy to discuss this further with you.

Regards,

Bryan

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Answered on 4/09/08, 3:20 pm


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