Legal Question in Personal Injury in California

Re: settlement process

Immediately I would say, "Tell your attorney." Don't tell me that you don't have an attorney on your side! Why should they offer a you what only what an experienced attorney can pull off? Get the results you deserve.Call me directly at (619) 222-3504.

Re: settlement process

A little knowledge can be a dangerous thing. Today the rule of thumb re settlements are there are no rules of thumb. The insurance company adjuster is paid to save the insurance company money. That is all. He is not your friend and is not interested in doing justice, simply settling the claim for a little as possible.

Given the climate,I don't even attempt to settle without first filing suit. In California, the courts are mandated to get 85% of their cases to trial within 1 year of filing. Filing a case starts the clock running and the closer to trial the more reasonable the insurance carrier will become.

My advice . . . hire a lawyer and don't begrudge him or her the fee.

If you lose, technically the defendant will obtain a judgment against you for costs. It is very rare, but not impossible, for these judgments to be pursued. If liability is clear this should be of no concern to you.

Re: settlement process

Thank you for your posted inquiry.

You won't like this answer, but yes, if you go to trial and lose, you could be ordered to pay any costs the court orders after the winning party submits a bill of costs to be part of a judgment. For purposes of this discussion, "lose" means a finding of no fault, which from what you've stated, is not your issue.

I hope that this information helps, but if you have any other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected], anytime. I�m happy to help in any way that I can.

Re: settlement process

You should also probably keep a couple of other general bits of information in mind.

First, you will not be suing the insurance company. Your claim is against the driver that rear-ended you. The insurance company is simply a source of money from which the at-fault driver can satisfy any judgment you receive.

Next, it is important to keep in mind that when discussing "costs" in the context of a personal injury lawsuit, costs include only specific items spelled out by statute. These things include, among others, the amount it costs to file a complaint or answer, service of process fees, and other fees required by the court during the litigation process. The term "costs" in this context would not include such things as attorneys fees.

Finally, it is always possible to lose in court. While some attorneys would disagree, there is no such thing as a "slam dunk" case, and no attorney can or will guarantee that you will be successful. The best you can hope for is to present your evidence and hope that the court or jury agrees with your assessment of the evidence.

Re: settlement process

Are you stuck in a time machine in the mid-1980's? That's when multiples were last used. Not Today. There is no 3x's anything. Where did you come up with you being in the "5 range"?

It is very possible to loose in court in soft tissue cases even if the other side accepts 100% fault. How? They will dispute the injuries, your treatment, your bills and many other items associated with the damage part of your case. The amount of your claim is NOT the only issue in litigation. Yes, a judge or jury will decide the amount. But many people who have been rear-ended and who were not "at fault" have lost on their damage claims.

Your case value is not determined by previous cases. Each one is individual and there are many subjective factors involved like your credibility. The defense doesn't have to pay you anything. Have you asked the adjuster why he is offering so little? What did he take into consideration? If you go into litigation, there are other legal factors and technical things that can also cause you to loose.

You probably will need an atty who can do P.I. litigation and trial work. If you are in Orange County, I can help evaluate your case and determine your best option. Sam Eagle 714-963-5123

Re: settlement process

I sure wish recovery was automatically 3 to 10 times the medicals, but it isn't. Yes, if you lose at trial, you could owe their costs, not fees; but loss is not likely in a rear end case. You need an attorney to get a better settlement offer. Contact me to discuss if interested.