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Does dr. pepper settle their personal injury case? Or do my husband have to fight them in court?

Grand Prairie, TX |

My husband was rear ended by a dr. pepper commercial vehichle. Went thru several treatment for neck and back injuries. PT, injections, to microdiscectomy surgery. He is also being treated by pain management and a neursurgeon for a concussion with swelling in his ear from the concussion. He is also being treated for depression and has a permanent disability rating. The medical bills are over a 120000 thousand dollars. Do anyone think dr. pepper will settle? Or do we have to fight in court?

Attorney Answers 14


  1. Best answer

    I believe I have seen your question posted on this website at least once before. I can tell you from experience that there is no way to tell whether one company is more willing to settle a case than another company. Every case is different. If you do not have a lawyer, then get one right away! Handling a case of this magnitude without a lawyer is like bringing a knife to a gun-fight. If you are unrepresented, then Dr. Pepper has less of an incentive to settle with you. If I learned anything from my career is that you are more likely to get a case settled once you demonstrate your readiness to go to trial, if necessary.

    Throughout my career, I have settled numerous personal injury cases with multi-billion dollar corporations like Dr. Pepper. I will be glad to meet and consult with you at the time and place of your convenience. No obligations and no strings attached. Feel free to call me. My phone is monitored and answered days, nights, and weekends. (214) 321-8225.


  2. I recall this post and some of the excellent advise you received. Apparently, you have not accepted it well. Retain a qualified attorney. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. If they are liable, I would assume they will try to settle the case. They might argue liability, pre-existing injuries and other issues. Get an attorney and you should be fine. Sometimes you have to file to get them to the table.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.


  4. Attempting to handle a personal injury case on your own is equivalent to trying to provide your own medical treatment. It might work, but chances are extremely high it will fall short. I think failing to hire a personal injury lawyer for this case, whether it is me or someone else, is a grave mistake that will likely leave tens of thousands of dollars on the table, if not botch it outright.

    This is in no way being critical of you, but simply my opinion based on almost 2 decades of experience.

    I'd be happy to visit with you if you'd like an honest, straight-forward assessment. www.oharelawfirm.com

    Good luck either way.


  5. Neither the Dr. nor the Dr.'s driver are likely to have any say in whether your claim settles. Your fate will be controlled by bean counters sitting high up in an office far far away and care nothing about you nor your plight. They only care about one thing: how cheap can they get out of this claim. Will or can they settle with you? You bet! and they hope you never meet with an attorney in real life who will know the value of your claim and who will fight to protect you and your husband's future interests.

    Your husband has suffered catastrophic and life-altering injuries and did absolutely nothing wrong to deserve it. You, no doubt, have and will suffer along with him.

    Unfortunately, it sounds like you have put much faith in the kind heartedness of a souless corporation and I hope you don't get burned. For your sake, your husband's sake and for everyone else's sake to whom your husband is important, please do some research and get a lawyer. You NEED someone you can trust in your corner. No doubt there will be plenty who will be willing to take your case, so be selective and find someone you feel is right. Best of luck in your healing and future and I hope paying bills for medical expenses and othe life necessities will not be a primary concern of yours when you clearly have so many other more challenging issues to deal with.

    Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for specific legal advice. This answer does not establish an attorney-client relationship.


  6. If you don't have a lawyer, you will get a much smaller settlement than you deserve, and the loose ends in your case will be a terrible nightmare for years to come.

    If you have a lawyer, they will want to be the ones discussing with you the odds of a reasonable settlement.

    If you do not have a lawyer, read the reviews of AVVO attorneys for a firm you think might be a good fit.

    Marc

    ••••• Sent Mobile •••••

    Marc C. Lenahan
    Lenahan Law, P.L.L.C.
    SevereInjuryLawFirm.com
    DallasSevereInjuryLawyer.com

    214•295•1008
    214•295•2664 fax
    888•482•2820 toll-free

    2655 Villa Creek, Suite 204
    Dallas, Texas 75235
    Law@Lenahan.com

    President-Elect,
    National Crime Victim Bar Association

    President,
    Texas Brain Injury Alliance
    (formerly Brain Injury Association of Texas)


  7. Get a lawyer. The decisions on settlement are made by ins co, not DR Pepper. If they can get out cheap they will be happy to settle. You may need to go to court to get proper compensation.


  8. I believe that having a lawyer in your corner is always preferable. Call a local attorney here.

    Tim


  9. You should not talk to the insurance company. If you do not have a Texas personal injury attorney, you should get one immediately. I can provide a few names of attorneys in North Texas/Dallas area that deal specifically with car wrecks. If you need a Texas attorney referral, please call my office at 918-924-5291 and I will gladly provide you with a few names and numbers.

    This answer is for informational purposes only and is a general response to a general question. This answer is not meant to be specific legal advice, does not constitute specific legal advice and should not be relied upon as legal advice. This answer does not create an attorney-client relationship. This answer also does not constitute nor is it intended as attorney advertising. You should always consult an attorney for advice regarding your specific, individual situation. Contacting Speed Law Office does not create an attorney-client relationship.


  10. There are numerous factors at play in a personal injury claim. It is critical that you retain a competent attorney to represent your claim. Even if the facts are completely in your favor, your case may not settle and will be taken to trial. Additionally, as stated by my colleagues, having an attorney represent you, will allow you to fully understand what you are entitled to receive as compensation. Additionally, having representation from an attorney or firm who has dealt with these issues before will give your claim the added benefit of foresight - allowing you to minimize the risk involved. I do not know whether or not you have retained counsel, but if you are representing yourself in this case, I would advise you to relinquish the belief that hiring an attorney will decrease your total compensation. In my experience, those who have been retained by an attorney have received larger and more reasonable recovery amounts than those plaintiffs who did not. Best of luck. I hope your husband has a full recovery.

    This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.


  11. Asked and answered previously.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  12. When did this accident occur? Based upon the rather lengthy history of medical treatments you've described as well as some knowledge of the amount of time it typically requires to get a SS disability rating, I would guess that at least a year has gone by.

    You need to start worrying about the 2 year statute of limitations. That is two years from the date of the accident. The longer you go without hiring a lawyer and the closer you get to that two year deadline, the insurance company for Dr. Pepper will likely begin to stall the process or string you along in the negotiations, hoping that you'll bust your deadline. It is a two year deadline to file the lawsuit, not to just make your claim, and just because you are involved in negotiations with them does not stop the clock from ticking.

    All the prior comments are completely valid, you'll get more out of this case if you're represented by a qualified and experienced lawyer, anyone of which will consult with you for free about your case. Don't wait til the last minute.

    But you also need help with reducing medical liens. If your medical bills are over $120K, depending upon who is paying those bills, you might have an insurance lien, a hospital lien or a medicare lien to pay with your settlement proceeds, and without a lawyer guiding you through that process, you're just giving away money that otherwise will go into your pocket.

    Good Luck to you and your husband.


  13. I would be honored to look into your case. There is a good chance that I would be able to represent you on a contingency, which would involve no money from you. If you have any questions, please give me a call at 972-268-9279.

    Whether or not you wish for my firm to represent you, I would encourage you to speak to retain an attorney as quickly as possible. This is not the kind of case that you can possibly handle by yourself and the defense attorneys know that.


  14. Your husband is at a severe and distinct disadvantage if he attempts to resolve his claims by himself against Dr. Pepper. It is likely that Dr. Pepper has a self insured retention (SIR) before any insurance kicks into effect. What his means is that every dollar up to the SIR is Dr. Pepper's money. This typically means they are going to deal with a non lawyer in a very unfair manner. Dr. Pepper will likely have an in house risk manager who is skilled at handling personal injury claims in charge of handling this matter. I encourage you to contact an attorney who is board certified in personal injury trial by the Texas Board of Legal Specializatio to discuss your husband's claims. It has been my experience that you will regret the result if you do not seek legal counsel from a personal injury specialist, especially since your husband's injuries appear to be significant. My firm handles cases througout Texas and would be happy to provide you with a free consultation as would most experienced personal injury attorneys. Our firm's contact information is contained below. Good luck!

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

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