Legal Question in Personal Injury in California

Re: Small Claim

The lawyers above have posted good responses. After reading your question, I have a question for you, why are you trying to handle a case like this on your own? Do you realize that you are entitled to special damages which include medical bills, lost wages, property damage, and other misc expenses, as well as general damages which include pain & suffering, loss of enjoyment of life, emotional distress etc.

It does not make any sense to me whatsoever why you would go at this by yourself when there are many competent lawyers who handle this type of case. Did you know that any statements you made to the insurance company could potentially hurt your case? I would be happy to give you a free consultation. Call me on my cell phone at 818-427-6246. In the future, I would always recommend consulting with a competent attorney ASAP!

Re: Small Claim

You can only bring one small claims action, and your damages will be capped at $5,000. Your alternatives are: (1) demand payment from the other driver and hope that he or his insurer pays; (2) tender the claim to your insurer, get the money from them and then let them sue the other driver if they think it is worth doing; or (3) sue in superior court. If your total damages are less than $25,000, you can file as a limited jurisdiction case; this will simplify the litigation somewhat and reduce many of the fees charged by the court, but it has some procedural disadvantages as well.

Re: Small Claim

Assuming the other party was liable, your case is worth more than $5k. Feel free to contact us at (310) 399-2889 if you have more questions.

Re: Small Claim

I am very sorry you were hurt. Mr. Hoffman�s posting regarding your options is correct. Additionally, I think you should reconsider representing yourself in small claims court. Your injuries are probably serious if you�ve already accumulated $3,100 in chiropractic bills and you may need future medical care. For instance, I still experience daily neck pain from an injury that occurred over 20 years ago. Chiropractic care is a lifelong process.

Also, victims often underestimate the importance of getting professional assistance with their personal injury claims and the results can be tragic. I read a posting yesterday where the accident victim mistakenly thought their insurer had worked out a payment plan with the chiropractor. The victim didn�t discover the problem until it was too late. The chiropractor started sending bills and threatening to send the account to a collection agency. When the victim contacted the insurer, the claim was heartlessly rejected because no lawsuit was filed within the statute of limitations. This is just one example of why you need professional representation.

I would be happy to help with your case if you are in the Bay Area. Contact me for a free consultation. My phone number is (415) 364-1604 and my e-mail address is [email protected]. You can find out more about my services at http://www.lawguru.com/users/law/litigator/index.html.

Remember that insurance company representatives may seem friendly, but they are only interested in paying you the least amount you are willing to accept. This is why you must never make statements to insurance representatives without first consulting an attorney.

Also, as described in the above example, your claim can be lost forever if you fail to file it with the court in time. This is true even if you are in the process of negotiating a settlement with the insurance companies. Lastly, be sure to gather and preserve all evidence regarding your accident including, without limitation, (1) photos, x-rays and scans of your injuries; (2) photos, diagrams and other documentation regarding the accident scene and property damage; (3) police and medical reports; (4) contact information for witnesses; etc.

There is a reason why professional licensing is required to litigate personal injury cases. Legal issues involved in such claims can get complicated if you lack the requisite knowledge and experience. Consequently, it is imperative that you get the strong, aggressive representation you need to win. I am available to help if you want.

Best of Luck,

Russ Martin

(415)364-1604

[email protected]

Re: Small Claim

You have one case and one settlement, only. If it is worth more than the small claims limit, it will have to be filed in Superior court. If you have nothing but chiropractic treatment for that much money, and no attorney, you are likely to find the defendant's insurance company unwilling to pay all those bills plus something for your pain and suffering. The point of hiring an attorney is to obtain a full value recovery, which seldom is done by 'pro pers'. Feel free to contact me if interested in having counsel represent you.