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R. Sebastian Gibson

R. Gibson’s Answers

583 total


  • What percent of personal injury lawsuit totals are lawyers entitled to?

    Im trying to figure out what my wifes lawyer is entitled to for her personal injury lawsuit. They said of the 100k thats being paid they get 33k plus like 2k for services and fees (which i feel should be paid from the 33k) then they pay the medic...

    R.’s Answer

    The contingency fee agreement with your wife's lawyer will tell you what you're asking. The usual is as the other attorneys here have said.

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  • I was rearended on a major highway. Do I negotiate will the insurance company of the other party concerning pain and sufffering.

    other driver was clearly at fault and I have a witness. Should I wait for the other insurance company to contact me.

    R.’s Answer

    You should be concerned with getting treatment for your injuries, not with trying to negotiate and indicating to an insurance company you will be trying to represent yourself and that you're more interested in a quick settlement than getting treated for your injuries. Find yourself an experienced personal injury lawyer near you.

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  • I am trying to settle my car accident case with the other drivers insurance company.

    Her insurance company is delaying talking to me about settlement saying they need my Medicare Conditional Payment Amount before even talking settlement to me. Medicare is asking me for an amount I settled for. Is her insurance company just putting...

    R.’s Answer

    That's all true. The insurance companies want to know what Medicare paid and Medicare will want to know what you settle for. You should be represented by a personal injury lawyer in your area who knows how to get the most for your case instead of trying to do this yourself.

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  • PARKED IN A PARKING GARAGE OF A HOSPITAL ..AND GOT HIT BY THE PARKING ARM

    i GOT OUT OF MY CAR AND THE ONLY PLACE THAT I SAW TO EXIT WAS THE AREA IN WHICH I DROVE INTO IT WAS DIVIDED BY THE PARKING ATTENDANT SM OFFICE THERE WAS NOT ANY CARS AROUND AND THE ARM WAS APPARENTLY UP, I CON'T TO EXIST ..ALL OF A SUDDEN THE ARM ...

    R.’s Answer

    You should have a free consultation with an experienced personal injury lawyer in your area.

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  • This is not a question, just a follow up to a previous one and event. I backed into a moving car in a private parking lot.

    I live in Michigan and my insurance company ended up paying out 1000.00 to the person i backed into and my insurance went up 4 dollars a month.

    R.’s Answer

    I agree. An extra $4 per month isn't bad. But if that hurts, as it can for many people, check around for cheaper insurance.

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  • Should I secure council to represent me to go along with the council that the insurance company has assigned?

    I rear ended a woman at a stop light in a low speed "collision". The distance between our vehicles couldn't have been more than 3 ft. I was driving a 2002 Toyota Sequoia, the university owned van was approx late 90's early 00's Dodge. My damage wa...

    R.’s Answer

    At first glance, you should be fine with the insurance company's lawyer defending you since there wasn't much car damage and your limits are pretty substantial. But if you determine from the lawsuit and/or the discovery in the case that the injuries are more serious or that the attorney assigned to your case isn't experienced or working hard on your case to protect your interests, then yes. Other attorneys though might feel you should get your own attorney right away. I would advise you to at least consult with an insurance defense attorney in your area.

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  • Can her insurance company make me pay $10,000 and/or have my license suspended?

    In the beginning of 2014 I was involved in a wreck with 1 lady, in which her car had no damages but my car did. A few yards ahead there was another collision involving 4 other cars. These driver's were already outside of their cars and came to aid...

    R.’s Answer

    You should consult with a personal injury or insurance defense lawyer in your area to respond to the lady's claim. You can use Avvo to find a lawyer or do a Google search. Good luck.

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  • Do attorneys have to share any and all offers in mva pi case with the client?

    Is there some reason that an attorney dos not have to share any and all offers with client ? I appreciate your thoughts/answer-Thanks.

    R.’s Answer

    Yes, that's generally the case. In practice, sometimes clients give the attorney the authority to negotiate back and forth, and then to talk to the client before accepting an offer, or to take the best offer possible, but a good lawyer will always run at least the last offer they get with their client before accepting it and at that time advise the client where the offer would leave them after attorney's fees and costs and payment of any liens and outstanding medical bills so they can make an informed judgment of whether or not to accept it.

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  • What are my options to correct this situation?

    I was recently in a single vehicle accident. The DOT inspector with the Oregon state police took pictures of the structural damage that caused the incident. The company has had the truck for two weeks and states that can't find anything wrong wi...

    R.’s Answer

    Also not sure what your question is. You should contact your employer's insurance company and if they are not handling the property damage, you should contact an insurance lawyer in your area. You may also want to contact an attorney who has experience dealing with traffic tickets for truck drivers if you are cited for something.

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  • Is this considered a motor vehicle accident?

    Several months ago I left my truck with a mechanic to do some work. This mechanic damaged the paint on the truck so I had to sue him in small claims court for the cost of the paint. ($1600) I won my case, and sent a demand letter requesting paymen...

    R.’s Answer

    No, that would not be considered a motor vehicle accident. It's just a property damage case, at least in California. Perhaps an Oregon attorney can confirm it wouldn't be considered a motor vehicle accident there as well.

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