Edward Albert Smith's Answers

What is a reasonable amount to accept for this case. It involves being hit on the freeway directly from the rear by a drunk

Under your UM policy, you have a maximum of 50,000 you can obtain for your injuries. Without surgery, you will likely have a difficult time recovering a fair sum for your injuries. The sum you might reasonably recover varies depending on the state you are in. In general, the sum of 20K seems low if a Dr. recommends in writing that you need surgery. You should consult with your attorney about what can be done to have them up their offer. If they are not going to move, you can always go to a...

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Civil Litigation Witness Question

In California, there is a case called Britt vs Superior Court that deals with the right of privacy in Civil Cases. It's probably a good case for you to read. The cite is 20 Cal. 3d 844 Good Luck, Ed Smith Law Offices of Edward A. Smith Sacramento, CA 916-921-6400 www.autoaccident.com

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What happens if I filed a court action against an insurance company's insured, but did not notify the insurance company yet?...

You should notify the insured's insurance now as they are not required to pay you if they did not have notice. Their insured is supposed to tell them about the lawsuit but if or she does not, and a default is entered..the insurer will not be required to pay and you will be trying to get "blood from a stone". Ed Smith Sacramento, CA www.AutoAccident.com 800-404-5400

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How can I get the principal lowered on my car loan?

Nothing prevents you from calling the lender and trying to negotiate lower payments due to hardship. Legally, however, the lender has no duty to reduce your monthly payments.

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Am I liable for damages or replacing property?

It's pretty doubtful you'd be held responsible. Unless this was known to be a very very windy area and you should have foreseen this windy condition knocking over the mirror, the chances are you would not be responsible. It's a question of fact for the judge or jury..but my bet is you would likely get off on this one.

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Allow the insurance to look at my car or a body shop that is direct with the insurance to look at my car?

Best to go to a body shop you pick out yourself. And remember, if your car has substantial damage and is repaired, in most states the responsible party must pick up your rental car expense (Whether you rented a car or not) as well as the diminished value of your car after its fixed. Good Luck, Ed Smith Sacramento, CA www.AutoAccident.com

Is this medical (or psychiatric) malpractice? If so, is it worth discussing with a local atty, or just let it go?

Pretty tough case you'd have in my opinion. It's never crystal clear of someone had a closed head injury or PTSD arising from an accident. THese issues are typically highly disputed. The best person to diagnose a post concussion syndrome is actually a neuropsychologist not a neurologist or psychologist. Good Luck. Ed Smith Sacramento, CA

I slipped in a store 6 or 7 months ago is it too late to file a lawsuite

You have time in California to file a Claim although you should move immediately to find an attorney if the injury was serious enough. Most attorney's will not take slip and fall cases(due to the expense) unless the injury is serious involving broken bones or some kind of surgery. The store will usually claim it did not know the cooking oil was there even though they inspected the area. Good Luck, Ed Smith Sacramento, CA

I went for a walk and I fell on the side walk and broke my risk I had to have surgery on my hand. Do I have a legal case.

You may well have a case, depending on whether the defect in the sidewalk was severe or "trivial". In California, courts do not allow suits on sidewalk cases where there is a "trivial" defect. Although the cases differ on what is "trivial", it will be difficult to prevail where the gap is 1/2 inch or less. If the gap is more than 1/2 inch, you may have a pretty good chance of prevailing, especially if there was notice of the defect. Most of the time, suit would be brought against the...

How to discuss with insurance adjuster?

In many cases of this nature, a public adjuster can help you resolve the claim. Good Luck.