Legal Question in Personal Injury in California

I will be going to small claims court in a week for a car accident in which I was involved in. I'm from California. I was rear ended and had physical injuries to my back. I had to do physical therapy for about three months and put my life on hold as an EMT. I have a lawyer but my concern is if weather she asking for the too little for my pain and suffering. The maximum I can win in court is 7,500, of that money only 1,9450 is for me which she will be getting 33.3% off. The rest is for medical bills. I was in a lot of pain and had to do a lot of therapy for those three months. I also still suffer from back problems 'till this day and the accident was over a year ago. My back problems hurt me at work as it is hard for me to lift patients without it hurting. Am I getting what I deserve?


Asked on 8/03/11, 5:47 pm

5 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

It's very hard to answer that question without fully reviewing your complete file. "What you deserve" depends on a lot of things. It's only been a year since the accident, so you might be rushing things a bit to go so soon to Small Claims--especially since in Small Claims you have NO right to an appeal. You only have one chance to get it right, and if you don't agree with the judge's decision, too bad! It's very risky. I couldn't give you an opinion though, not unless I spoke with you and asked a lot of questions, because the information you provided here is just not enough. If you want, feel free to call me at (877) LION-FOR-LAW (546-6367)

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Answered on 8/03/11, 5:54 pm
Ryan Sargent Sargent Law Firm

The previous answer is correct that it is hard to determine the exact value of your claim without reviewing the file. I always tell my clients that you only have one bite at the apple with your personal injury claim. What I mean by this is that you do not want to settle your claim until you know what the full extent of your injuries and damages are. You cannot have a lawyer at small claims court unless you lose and appeal your case. You can have a lawyer present at the appeal. I exclusively handle personal injury cases throughout the state of California and would love to discuss your case with you to see if your case is more valuable than the $7,500.00 maximum in small claims. Feel free to contact me at (760) 707-2721. You can also visit my website at www.sargentlawfirm.com for more information.

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Answered on 8/03/11, 6:03 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Not believable. No lawyer is going to represent you in small claims court for 33% of $7500. First of all, lawyers aren't allowed to represent parties in small claims court. (Cal. Code of Civil Procedure � 116.530(a)). No competent personal injury attorney would ever file a client's case in small claims court, at least I hope not. If you had the injuries you claim, $7500 is a very small amount and if you have $5000 in medical bills, unless there's something you're not telling me it is legal malpractice not to sue in at least a limited civil court where up to $25,000 can be recovered. Probably your case belongs in unlimited civil court where there are no limits on recovery. Is this attorney new, or inexperienced? I recommend you IMMEDIATELY consult another attorney and have your case reviewed,

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Answered on 8/03/11, 6:07 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I respectfully disagree with attorney Sargent. Plaintiffs who lose in small claims court aren't allowed to appeal. CCP � 116.710(a).

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Answered on 8/03/11, 6:10 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If the lawyer stands in the back of the courtroom and makes you try your own case -- which is what would have to happen since she would be prohibited from representing you -- if she then charged you 33% you would be getting ripped off big time.

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Answered on 8/03/11, 6:18 pm


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