Legal Question in Personal Injury in California
Sep 11, 2013
Hello,
I had a minor accident on 2nd of June 2013, the guy admitted his fault, and his insurance payed the last payment of property damage on 12th of August 2013.($1976)
My wife had a headache right after the accident, and later that day she developed the lower back pain. We visited chiropractic clinic for the following two weeks after the accident, and her headache was gone, however her lower back pain still remains to this day. Doctor warned us that the headache may come back, and recommended to have at least 8 more sessions(4 weeks) to completely recover from injuries, but we had to stop the treatment, because we had no more money for it. I've tried to contact the bodily injury adjuster who handles the case for the whole month without success. Yesterday, September 10th, when I called, I decided to talk to anyone who's available, and the guy after hearing my situation, and my claim of $3880, he said my wife's injuries is too small for that amount, and offered me $1000. I refused. Two hours later I surprisingly receive the call from the lady who has never tried to return my calls during the last month, and offered me $1500, stating that this was her last offer. I refused again.
Now the position of the insurance is obvious, can I sue the guy who hit us in small claims court for $360, I already paid+ $520 (8 sessions, doctor recommended)+ and $3000 for pain and suffering? $3880 in total?
Thanks very much in advance!
3 Answers from Attorneys
Absolutely. I would ask for more, however. Be advised that if you get a favorable judgment, the insurance company will likely help their insured file an appeal, but this is a good start. I can assist you in preparing your small claims paperwork and claim.
If you are interested, email me/call ([email protected]) 818-783-7998. We can have the discussions via web conference and/ or by phone.
Best regards,
Rob
Yes, but depending on your wife's current symptoms, you may want to consider waiting for her injuries to resolve or plateau and, in the interim, obtain representation for her. At the very least speak to an attorney, so your wife and you can be fully compensated for not only past medical bills, wage loss, incidental expenses and pain and suffering, but also for future medical care, wage loss and future pain and suffering. You should also be compensated for loss of use of your car and/or car rental, while your vehicle is being repaired
Injury attorneys usually take a percentage fee from the settlement proceeds, so you don't have to worry about paying the attorney.
Long lasting injuries are common from impacts causing about $2000 in property damage. What if you wife is still in pain or discomfort in six months or for years? Don't sell yourselves short.
Further medical care can be obtained easily, as many great health care providers will take liens on your case's settlement proceeds. An attorney can find these people.
There are many things to discuss with an attorney to give you the proper guidance and advice you require in determining whether small claims court is the best course of action or not.
I would be happy to provide you with free advice without obligation and I have 26 years of experience. If you wish to contact me, I am available 7 days and nights a week until 10:00 p.m.
With kind regards,
Ben Glen
(925) 957-6732
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