Legal Question in Personal Injury in California
I'd like a second opinion on this and see what other attorneys may think. I was rear ended on a freeway over a year and a half ago. I was going no more than 35mph and was hit by a tractor trailer/big truck claiming (In the CHP report) that he was going only 15mph. I might add that less than a minute or so before running into me, he was about 3 or 4 car lengths behind me, so of course him going only 15mph doesn't even make sense and is not even possible. I got an attorney and have been treating ever since. My wrists were injured since I was holding the steering wheel when hit; the steering wheel ended up in my lap as a result of me holding onto it. Car was totaled ($8000 in damage). I had whiplash and my neck still hurts along with my back, which has all of these super tender spots. I had surgery on one wrist a few months ago and that's still healing. My attorney says basically my injuries have to be proved (It's been a terrible ordeal going from doc to doc especially since there are differing opinions and no one can figure out what the heck is going on) and I understand that but do I have an uphill battle ahead? Believe me, this is no fun and I can't imagine someone wanting to lie about something like this. I have since lost my job because of the surgery I had to have; I was out for longer than FMLA covered. My whole life has been turned upside down and I'm wondering, what is fair compensation in this case? I'm not sure I even know; how does one put a price on things like this when it's your health? I'm a lot better than I was (As far as the neck and back go. The wrists are the same if not a little worse) but whose to say these injuries won't cause me problems years down the line? What can I expect once I am done treating? And I have no idea when that could be. I'm well aware that the insurance company wants to lowball me, which is why I did retain the services of an attorney. Thanks in advance.
4 Answers from Attorneys
It is unethical for us to second guess your attorney, and would be foolish without a full evaluation of your case. If anyone else here lacks the ethics to refuse to answer this question, let them have at it.
I suggest that you call me on Monday for a free consultation at 800-816-1259 x. 1.
I am not sure what you want to know from another attorney. If you are asking a second attorney as to what would be a "fair" settlement, then I agree with the prior attorney, we need to know a lot more. One would need to review all of the medical records, and the billings, and see just what the doctors have diagnosed, and what is the prognosis. And yes, you as the plaintiff do have the burden of proof as to all parts of the case. You have to prove that the other party was negligent, and then prove what are your injuries. It is sometimes a fine line to ask too much, or too little, as you may end up turing off the jury. But an experienced attorney in this area should be able to advise you as to what one can expect from a jury, or settlement, keeping in mind that when the case is given to a jury, one never really knows what they might do.
It really is impossible to analyze the value of a case without reviewing everything. All of the doctors' records, reports, disagnosis, prognosis of what the future holds for you medically and the bills all have to be taken into consideration.
The jusisdiction where the accident occurred also is a factor. I say this because case values are also determined by the potential juror pool, meaning if the case were to go into litigation because of a possible low ball offer by the insurance company. THat does not mean you will have to all the way to trial but insurance claims people take the jurisdiction into consideration as some areas tend to have potential jurors who are more conservative in their values while others tend to be more liberal in the judgments that they want to award to an accident victim. I say this because I used to work in insurance claims and was (quite a few years ago before I beame an attorney for injured claimants) responsible for the national training of claims representatives, their supervisors and claims managers. It is quite clear that the other driver was at fault which is obvioulsy a good beginning. That being said, it appears that your claim would have significant potential value. I hope this helps. Bob
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
