Legal Question in Personal Injury in California

Re: Personal injury lawsuit

Based on what you have said, it would be necessary to really know if your husband was actually wearing his seat belt. If he was, did his seat belt malfunction in some way? Has your attorney arranged for an engineer or mechanic to inspect your truck? A bio-mechanical engineer can also be helpful in indicating what would happen to the human body in such a rollover even if a seat belt was being worn.

Has your attorney taken the depositions of the defense experts? You need to know what the other side is specificaly alleging and what their arguments are going to be. Perhaps your attorney understands that California juries are extremely conservative and that there is a great risk in going to trial. If your husband was not wearing his seat belt, many jurors are going to hold that against him.

How much of your medical bills has your health insurance paid? Are there any outstanding medica liens? If you settle, will your husband still have his health insurance for future medical bills? Has your attorney given you a settlement breakdown as to what you would receive from the $25,000.00?

You need to have a serious sit-down meeting with your attorney to go over these and other important questions to determine your best course of action. Good luck.

Attorney Sam M. Eagle, 10101 Slater Avenue #218, Fountain Valley, Ca 92708; phone: 714- 963-5123.

Re: Personal injury lawsuit

THE BELOW RESPONSE IS NOT A LEGAL ADVICE. IT MERELY IS AN EXPRESSION OF OPINION BASED ON INFORMATION PROVIDED.

From what you've described, it appears that you and your husband are being rail-roaded and your attorney is being pushed around by the defense attorneys.

If they prove that your husband was not wearing his seatbelt, then yes, the jury will assess some percentage of the total fault to him. However, considering the damages (i.e., past medical expenses, future medical expenses, loss of income and loss of future income, loss of consortium, pain and suffering, etc.), they should up their lousy $25K ten times for you to consider it.

Get your case evaluated by an attorney who specializes in these types of litigation. If you do not know anyone, then call me (323)782-0099. In this office I work with a very aggressive attorney who routinely gets multi-million dollar verdicts in the same area of law that your husband needs. Good luck!!!

Re: Personal injury lawsuit

You have the option of settling or going to trial. The jury will most certainly take into consideration the failure to wear a seat belt. It's called comparative negligence. By now there should be some actual jury verdicts concerning the effect on jury damage awards of the failure to wear seat belts. Tell your attorney to research similar cases and jury verdicts in these cases. Also normally settlment offers either go up or stay the same at the date of the jury trial. Hang in there, and don't settle out too early. There are books in the county law library that report jury verdicts, and your attorney knows how to find them. After you've got some idea of the jury verdicts sit down with your attorney, and discuss the matter. If your husband's failure to wear a seat belt contributed to his trauma. Then that should be taken into consideration by the jury. The (insurance company's) defense counsel will make sure there's a jury instruction that covers the seat belt.

Re: Personal injury lawsuit

Your options are the same as in any personal injury claim or lawsuit, settle or go to trial. Based upon the information you provided, if this case was in my office, I would advise you not to settle at this time. Why? I believe the upside potential of a jury trial is greater than the down side risk.

Are the medical expenses paid? If paid by someone else, is their a duty to reimburse?

A $25,000 settlement after attorneys fees and costs is going to net you substantially less than $15,000 to $10,000 before dealing with the medical expenses. Therefore you only have $10,000+ at risk at this point. What is the upside potential? Maybe a jury would award $250,000 to $400,000 (before considering the seat belt "contributory negligence" defense). My math says, go to trial rather than settle for $25,000. Depending upon the medical payment/reimbursement issue, who is liable for cost of trial and your financial status, $100,000 may be to much to turn down or not enough to settle. $200,000 is a settlement that, I believe (based on what you have presented), you shouldn't walk away from. There are many facts that would change my mind on this point.

Was your husband seat belted in and there was a system failure of some type (see www.seatbeltlaw.com) or was he just not wearing the seat belt? This fact can make a huge difference.

Of course your husbands �continuing medical with crushed vertebrae� are relevant. You probably misunderstood what your attorney advised on this point. Ask him again.

Re: Personal injury lawsuit

I would recommend you not to settle for $25,000 and go for the trial. If you change attorney...this attorney will have a lien on your case and it will be hard for you to find another lawyer in contingency basis. When is your trial date?