S. David Rosenthal Esquire’s Answers

S. David Rosenthal Esquire

Roseville Car / Auto Accident Lawyer.

Contributor Level 18
  1. What kind of settlement should I expect?

    Answered 12 months ago.

    1. Daniel Knight Dinneen
    2. S. David Rosenthal Esquire
    3. Christian K. Lassen II
    4. Brian Heath Crockett
    5. Samuel Cohen
    6. ···
    18 lawyer answers

    I'm not trying to sell you services, I don't even have a license to practice law in Texas. But you cannot get a quality estimate of your damages based on the complete lack of information provided. You are entitled to recover all past and future medical expenses, lost income and pain and suffering caused by the collision. So, how much are your medical bills to date? Do you have good quality pictures of your scars? Are you single and looking for a mate so that the scars affect your...

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  2. My car got rear ended and totaled when it was parked... Will I get full reimbursement/a new car like nothing happened?

    Answered 12 months ago.

    1. S. David Rosenthal Esquire
    2. Richard Todd Rosenstein
    3. Christian K. Lassen II
    4. Kevin William Attkisson
    5. Richard Andrew Harting
    6. ···
    12 lawyer answers

    You are entitled to the fair market value of the car. Unfortunately, if the loan balance is more than the fair market value, you are stuck with the loss unless you purchased "gap insurance" at the time of your purchase. You are also entitled to either cost of rental of a replacement vehicle or, if you do not rent a vehicle, "loss of use" damages for every day that you do not have a car up until a reasonable time after they pay you a fair settlement, usually about a week after. You can...

    23 lawyers agreed with this answer

  3. I was hit by a car as a pedestrian. I'm offered a settlement for signing a Bodily Injury release. Should I sign or get more $ ?

    Answered 12 months ago.

    1. Richard Andrew Harting
    2. Mariam Mary Margaryan
    3. Briny Adam Woods
    4. S. David Rosenthal Esquire
    5. Roger Stone Reynolds
    6. ···
    16 lawyer answers

    It's hard to approximate a value for your case without knowing additional details. I'm a little concerned when you say that your dancer/performer activities may have changed permanently because that implies that you have a permanent injury from the accident. If that is the case, the claim may have substantially more value. I would talk to a good personal injury attorney about your case before making a decision. Most good lawyers will discuss your case in detail over the phone and give you...

    22 lawyers agreed with this answer

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  4. MY ATTY DIED IN THE MIDDLE OF MY CAR ACCIDENT CASE. HIS OFFICE IS NOW GROSSLY MISMANAGING MY CASE. CAN I HIRE A DIFFERENT ATTY?

    Answered about 2 years ago.

    1. S. David Rosenthal Esquire
    2. Steven Mark Sweat
    3. Frank Marvin Nunes
    4. Michael Lynn Walker
    5. Scott Richard Kaufman
    6. ···
    8 lawyer answers

    Yes you can hire a new attorney. There are many variables that can affect the value of a case, but keep in mind that many attorneys do not want to litigate cases like you have described because generally juries do not give big verdicts on these facts and therefore insurance companies low ball and push these cases to trial. The reality is that in a case like this, you the insurance companies force an attorney to spend a lot of time and money litigating a case without much prospective upside....

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  5. Fender bender in California and they want more than 15,000 covered. Do I fill out forms they sent me to finish the claim?

    Answered 12 months ago.

    1. S. David Rosenthal Esquire
    2. Mariam Mary Margaryan
    3. Wendy Marie Schenk
    4. Robert Bruce Kopelson
    5. C. Donald Briggs III
    6. ···
    8 lawyer answers

    This is commonly referred to as a "declaration of no assets" and is pretty routine. The lawyer for the lady is just looking for documentation that you could not pay a judgment in excess of the policy limit of $15k if he pursued it for his client. This will help get the release of all claims signed which protects you and so is likely in your best interest. The insurance company has already made the determination that it will pay out the policy limit, so you are not going to further damage...

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  6. Should I contact a personal injury or premise attorney?

    Answered about 1 year ago.

    1. S. David Rosenthal Esquire
    2. Louis Samuel Abronson
    3. Briny Adam Woods
    4. Jeffrey Mark Adams
    5. Sagar P. Parikh
    6. ···
    17 lawyer answers

    You sustained a serious injury and should absolutely consult with a good personal injury attorney in the LA area who can evaluate your case. These types of cases require timely investigation, so you should act quickly so that evidence is not lost due to the passage of time. You may be able to recover some or all of your past and future medical expenses, lost income and pain and suffering due to the incident. Good luck.

    19 lawyers agreed with this answer

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  7. Should the auto insurance be offering me more on my settlement?

    Answered 12 months ago.

    1. John Gus Zgourides
    2. Christian K. Lassen II
    3. Richard Kurt Arbuckle
    4. John L. Schroeder
    5. Jeremy K. Hanson
    6. ···
    18 lawyer answers

    I don't think the adjustment to the hospital bill will go away. The question for you is how much you are entitled for compensation for all medical expenses, lost income and pain and suffering caused by the collision. Unfortunately, you do not really provide enough information to do that. I suggest that before you accept any settlement, you talk to a good Texas personal injury attorney who can give you an opinion based on all available information. Most good attorney's will tell you if they...

    20 lawyers agreed with this answer

  8. Being served a court paper for a civil lawsuit due to a car accident. What should I do now?

    Answered almost 2 years ago.

    1. S. David Rosenthal Esquire
    2. Robert Bruce Kopelson
    3. John Noah Kitta
    4. Scott Douglas Camassar
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    You need to contact your insurance company immediately and notify them that you have been served with a lawsuit. It will hire an attorney to defend you in the case. It's important to act quickly because you must file a response with the court within 30 days or you will be in "default". Portions of the police report may be helpful to your case but the conclusions of the police officer as to who was at fault are generally inadmissible in a civil case. Ultimately it would be up to jury to...

    18 lawyers agreed with this answer

  9. Being sued for amount higher than policy...

    Answered about 2 years ago.

    1. Michael Raymond Daymude
    2. S. David Rosenthal Esquire
    3. A Melissa Johnson
    4. Andrew Daniel Myers
    5. Robert Don Fink
    6. ···
    8 lawyer answers

    It's difficult to know the likelihood that a judgment would exceed your policy limit without knowning more facts. Here are a couple things to think about: 1. Nothing is absolute in the law, but its possible that if a jury verdict were to exceed $250k, your insurance company would be determined to be in "bad faith" for failing to settle within the policy limits. In this scenario, it is likely that your insurance company would either pay the full amount of the judgment, or the other party...

    18 lawyers agreed with this answer

  10. Should I release policy limits for an at-fault accident?

    Answered 11 months ago.

    1. Daniel David Horowitz III
    2. S. David Rosenthal Esquire
    3. Brian Heath Crockett
    4. Daryl L. Derryberry
    5. John L. Schroeder
    6. ···
    9 lawyer answers

    I believe that the best policy is to release the policy limit. If the medical bills alone exceed your liability policy limit, you insurance is probably going to offer the policy limit to the other attorney eventually. In exchange for payment of the policy limit, your insurance company will insist on a release of all claims from the injured party that will cut off any further liability on your part for additional damages arising from the incident. That's a good thing for you. Be prepared for...

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    1 person marked this answer as helpful

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