My child was struck by a vehicle while she was walking on the sidewalk of a busy street. The car lost control due to weather conditions, (light rain), and drove right up on the sidewalk. My child suffered serious head trauma, resulting in emergency brain surgery that night. We had no health insurance. Her medical bills are massive. My mother retained an attorney for us but he specializes in elder abuse and also Trusts....not personal injury. The driver's Insurance company is offering less than her medical expenses. Do you think the end result could possibly be different if we went with an attorney that actually specializes in Personal Injury cases?
It definitely makes a difference to go with an attorney with experience in personal injury cases, especially an attorney with experience in traumatic brain injury cases. I would seriously consider discussing your case with your attorney since from what you have told us, he may not have the necessary experience and funding to fight for you on this case. He can refer the case to a personal injury attorney in your area or even co-counsel with another office. Either way, you need to get an attorney with experience litigating these types of cases.
Ilya D. Frangos, Esq.
Law Offices of Galine, Frye, & Fitting
411 Borel Ave., Suite 500
San Mateo, Ca 94402
I think it matters a lot in that whatever the policy is, if the attorney knows how to handle the liens stemming from this your daughter will at least net something from the policy. Additionally, there may be other concerns regarding dangerous roadway, etc. Please retain an attorney who has experience in these matters.
First of all, I hope that your son's recovery is going well. Secondly, I believe that in a situation such as your son's--given his serious injuries and the surrounding circumstances--you would benefit from having a personal injury attorney on your side, as opposed to an attorney that specializes in trusts and elder abuse. I guess the best way to put it is, imagine I shattered my ankle. Yes, I could go to an ENT (ear, nose & throat) specialist because he is a doctor, and he did go to medical school just other MDs. But, wouldn't I benefit from seeing an podiatric surgeon who deals with situations like mine on an almost daily basis, and who knows how to deal with the different aspects & potential problems that could be associated with my medical condition?
A personal injury attorney knows how to deal with these greedy insurance company whose number one goal is to give you as little as possible, despite all you have gone through. This is not meant to be any kind of disrespect to your current attorney--it's just that his area of law doesn't require him to deal with insurance adjusters on an almost daily basis. I hope this helps you, and please let us know if you have any other questions.
I will agree with other answers on this post. I will add that it is very beneficial to have a lawyer in your local area to handle your case. Sometimes it becomes quite cumbersome to get documents signed and keep appointments. Also important is to research determine which lawyers who will actually handle your case and not some paralegal. Many times clients become very frustrated when they cannot speak with the lawyer. If you wish to discuss your case please contact me @ (530) 872-2375.
I agree with my colleagues. Either your current attorney should co-counsel with a personal injury attorney specializing in brain injuries or if he is unwilling to do that, find a personal injury attorney specializing in head trauma who will then substitute your prior attorney out of the case. Do not continue with an attorney specializing in elder abuse and Trusts. Most personal injury attorneys will offer a free consultation--you should feel good and feel comfortable with whoever you choose knowing that they will do a good job for you and your daughter. I hope that your daugther gets better at the earliest possible time. As a parent, I understand what you must be going through.
I've been posting my biased opinions and comments here and there on the Internet and Avvo for a while now (since Al Gore invented the online attorney forums, I believe), and every time I see a post about a person doing battle all by his or her non-lawyer self against an insurance company, I keep thinking the post might as well read something like, “my no-insurance brother-in-law needs to get that brain tumor removed from the base of his skull. It's about the size of a penny nail and is hurting him something awful. He's up to six cans of Coors Light a day for the pain. So, what I need to know is whether I should go in using a through the left ear approach or the right...”
No one who has suffered personal injury should handle personal injury cases. No one but a neurosurgeon should do brain surgery, even if one’s brother-in-law is a schmuck.
A good personal injury attorney should not only understand the law applying to the claim/lawsuit but fully understand the medical damages associated with the injury. Trauma can affect many body parts, vary in severity, vary in long term complications and sequelae. To better one’s chances for a full and fair recovery, one must have an attorney who knows what to ask for from the defendant – compensation for all bodily harms and future medical care that will be needed.
We personal injury lawyers offer free consultations. We handle cases on a contingent basis. We actually love the game, the battling, the negotiations, the tactics, etc. An injured person should just worry about getting better.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
It is absolutely important to talk to someone who has experience in the field of Personal Injury. There are a lot of tricks of the trade in dealing with insurance companies. It is important to look into the limits of the auto policy as well as what is the basis for the low offer by the insurance company. There are also laws that protect the injured so they can get compensated. I have had very good success in dealing with insurance companies and getting good settlements and would be happy to talk to you.
Yes. You should hire someone that is well versed in brain injuries / head trauma. These cases can be complex, and an experienced attorney will be well worth the contingency retainer fee. I hope your child recovers quickly. Having grown up in Redding, the courts are often very conservative and you will face an uphill battle if you don't have the right attorney on your side. Best of luck
If there is a serious dispute over whether the motorist was liable for the child's injuries, I'd either replace or supplement the existing attorney with one competent in automobile-pedestrian liability cases. An attorney dealing in elder abuse may have the expertise to valuate, prove up, and litigate serious-head-trauma cases BUT not if the elder abuse experience is of the financial type. If Redding is as small a town as I seem to remember it (I have a brother in-law who lives there), then you may well want to get an out-of-town attorney to supplement/associate with the existing attorney. If by retaining you mean hiring and paying, then you should be aware that most personal injury claims are pursued on a contingent-fee basis. I wish your son a speedy, full recovery which is far better than any claim.
You should look for a personal injury lawyer with specific experience litigating brain injury cases, particularly on behalf of minors. If the carrier does not come around and discuss a reasonable settlement, you will want a specifically experienced lawyer to take your child's case to trial. I wish the best for your child and your family.
Personal injury attorneys are really more "insurance attorneys for the people." Insurance is a very complicated process and an experienced personal injury attorney knows how to seek out, find, and collect from all applicable insurance policies.
Brain trauma and child cases are very complicated in terms of proving causation, damages, and getting all the proper parties notified of their duties to pay claims to protect the people they insure by giving you the policy limits. Get an attorney that knows this type of "bad faith" insurance litigation: a personal injury or wrongful death attorney.
Yes I believe that you are always better off hiring an attorney who specializes in the particular area of law that your case or issue involves. Every area of the law, like medicine has specialties and even sub specialties with them. For a personal injury case I would advise that you hire someone who specializes in same.
Yes, it matters!! For a major injury case, I recommend that you hire an experienced personal injury trial attorney. An experienced personal injury trial attorney will consider factors such as:
- What insurance coverage there is to cover the significant injuries
- Whether the defendant individually has assets to cover the jury verdict
- Whether there is a potential for governmental responsibility for road design, signage or liking
- Any other potential theories of liability
First, sorry about your child. Yes, it most likely would make a difference if you hire an attorney experienced with personal injury claims. Also, that attorney should have a reputation for taking cases to court if the insurance company does not pay what it should for a claim. Insurance companies know who those attorneys are. So, make sure you ask each attorney you meet with how many jury trials they've had with personal injury cases and when the last time was they've had a jury trial. Remember, you don't hire a plumber to fix your car. Also, you don't hire a probate attorney to handle a serious personal injury case. Good luck and I hope the best for your child.
I strongly agree with the above answers. I know of a similar situation involving a wrongful death suit in which the plaintiff used the "family lawyer" who was actually a bankruptcy lawyer, and I feel it could have gone a lot better than it did. I wish you the best of luck with this, and my thoughts are with you and your family.
You absolutely must contact an attorney with considerable experiences and resources to deal with what sounds like a potentially catastrophic injury to your child. This type of cases requires an attorney experienced in dealing with multiple engineering, scientific and medical experts. Your current attorney can help you find such a person (or you can find them on your own- interview several) and check peer reviewed listings of lawyers,
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