Legal Question in Personal Injury in California

Do youhave any medical nsurance, including under your own insurance policy? If you have no auto insurance, then you can only collect out of pocket payments. You have 2 yers from the date of the accident to sue, so it might be best to wait to see how you feel once the condition has stablized. Assuming the treating physicians will support it, what you may wish to argue is that you had asymptomatic disc bulging before the accident and the hyperflexion of your neck caused by the force of the accident [a large force, i.e. force/speed of impact, is not needed to cause the neck to bend forward and then snap backwards as the rest of your body is going forward from the initial impact] pushed the disc little to cause them to impinge on the nerve roots so it is now symptomatic. If you make such an agruement they may get a little afraid of liability, especially if you have no history of prior problems or treatment [but if you do, then you argue having a pre-existing problem means it is more likely you would be injured].

Insurance carrier know that juries do not like to award anything for minor impact accidents, but there is always the risk of a jury really liking the plaintiff and awarding damages for all the medical bills and some pain and suffering. If none of the above works, you can always still go to Small Claims Court.

If you do not feel self assured enough to deal with the insurance company yourself or that you need a new voice supporting your position, or that a letter from an attorney will draw their attention [it normally does], I can handle that at my discounted rate of $100 per hour. Contact me if you want to discuss your case more [there is no charge for the first 10-15 minutes]. 510-441-2684

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You can only sue for $7500 in small claims court and if you have significant injuries and bills as a result of the accident, then you may have to rethink whether or not you want to sue in small claims court. Again you can use your medical insurance to pay the medical bills or pay some of the bills through the med pay provision in your auto insurance policy (if you have that provision). Again, it is very common for insurance carriers to offer a low amount on a small property damage case or nothing at all sometimes. You need an attorney to handle the case and a medical expert who will confirm that you did not have any such symptoms prior to the accident or that you were asymptomatic if you did have disc bulges prior to the accident. If you wish to discuss this matter further, feel free to call our office for further information (310) 277-0997 or e-mail at [email protected].

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

It would be a huge mistake to take this to small claims court without first consulting with an attorney.