On 2\20\2011 i was hit from behind by a truck i was injuried i did not get a lawyer i am dealing with the insurance co.myself.

Asked 12 months ago - Oakland, CA

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i think the insurance co is trying to pay the pain and suffering the promised me they say they have been trying to get a final lien amount for almost 5 months this is all i need to conclude this case tell me what you think.R.jones

Attorney answers (6)

  1. Contributor Level 14

    8

    Lawyers agree

    Answered May 30, 2012 09:59. You have provided very little facts. Whether or not you need a lawyer depends on how much the insurance company is offering you. You should get a lawyer to help guide you through the process and put as much of any settlement in your pocket.

    If you are a potential client, the information you disclose to us by email will be kept in strict confidence and... more
  2. Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered May 30, 2012 10:00. First of all, you should consult an experienced Northern California personal injury attorney regarding the value of your claim and the options available to you. Most attorneys will give you valuable information over the phone. My office has extensive experience handling these claims.

    As to your specific question, it's not clear what kind of "lien" you are waiting on and how important it is to the overall value of your case. Technically, the insurance company does not need the final lien to evaluate your case. However, they often inist on havinginforamation as to the amounts paid by health insurance or Medicare/Medi-Cal before making a settlement offer.

    I suggest you take advantage of a free consultation with an attorney to provide additional details and to get some advice on your case.

    S. David Rosenthal
    ROSENTHAL LAW
    2251 Douglas Blvd., Ste. 120
    Roseville, CA 95661
    Phone: (916)774-7200
    Fax: (916)774-7203
    sdr@drinjurylaw.com
    www.rosenthalinjurylaw.com



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  3. Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered May 30, 2012 09:59. Do you realize that in 99% of all cases, having a lawyer will get you more money than not having a lawyer.

    Why would you settle for less by not retaining a lawyer?

    You should read an article I wrote here: http://thepersonalinjury.com/an-epidemic-of-stu...

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  4. Contributor Level 13

    3

    Lawyers agree

    Answered May 30, 2012 10:05. Your smartest play is to consult with an attorney.

    Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter... more
  5. Contributor Level 17

    2

    Lawyers agree

    Answered May 30, 2012 10:56. If you've suffered an injury, you need an experienced law firm that you can trust. With 31 years experience, we want to be your personal injury expert. We will work hard to make sure you receive prompt payment for your injuries. We have represented accident victims throughout California working to insure they obtain the most substantial awards available from the Defendants and their insurance companies. You need an experienced and effective negotiator. While we are prepared to represent you in Court, based on our past expertise and experience, 97.5% of cases settle prior to trial.

    I agree with all comments made by previous counsel in regard to your inquiry. I'd like to add that in my 35 years of active Personal Injury Practice, I cannot recall an occasion where I believe would have received more net funds if they have remained in Pro Per and had not been represented by legal counsel. In most cases, just that fact that you are represented by an experienced attorney, the insurance carrier will set aside a larger reserve amount in anticipation of a future settlement of your claim. It would be necessary to look at your policy and the Defendant driver's policy to see whether there is med-pay, and whether you have uninsured motorists coverage on your policy, these are two relevant factors to consider. In regard to your injuries, the insurance company is also going to look to whether you are permanent or stationery, or if you have any residual problems as a result of the accident (i.e. scarring, discoloration to your skin, etc..), as well as the costs of the vehicle repairs, rental costs, etc. These are all matters to consider that will be taken care of by legal counsel maximizing your fair and just recovery.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... more
  6. Contributor Level 7

    2

    Lawyers agree

    Answered May 30, 2012 19:57. Is there a reason you have not retained an attorney? Handling insurance companies is a big part of our job, and it just makes more sense. Some people have the misguided idea that they will recover more doing it themselves, and that is simply not the case. Bear in mind the 2 year statute of limitation.

    Best!
    Melissa Mack, Esq.
    Alameda, CA

    My responses, and all content contained therein, are for informational purposes only, and do not create an... more

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