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Should I expect an offer of settlement after the nuisance of a car accident?

Fort Collins, CO |

I am 20 months out from a rear-end accident. My small car was severely damaged and was in the body shop for 8 weeks (other drivers carrier paid - $11k - for repairs). My medical payments were paid by my carrier ($4k) including multiple chiropractic trips and significant pain to my back, shoulders, hands and arms. Can I expect a nuisance settlement beyond the repair & medical expenses that have been paid?

Attorney Answers 7

Posted

If you were injured through someone else's negligence, you have a right to recover those damages and be made whole. This would include your medical expenses, pain and suffering and other areas that an attorney can help you with.

On a simple case without long-term injury and medical treatment it is possible to settle the case yourself if you have the time to research what is recoverable. Otherwise, you should contact an attorney.

Nothing in the answer provided should be considered legal advice because all cases and facts are different and require a thorough examination of the facts by an attorney before any decisions are made.

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2 comments

Asker

Posted

Thanks Paul. I having a hard time researching what is recoverable as most advice online implies outstanding invoices on medical, auto repairs, etc. I'm debt-free from the accident, but have some lingering hand issues. Trying to find some sort of online calculator that just computes pain and suffering.

Christopher Paul Kendrick

Christopher Paul Kendrick

Posted

Keep in mind that to be made whole, you are able to recover what was billed by your providers for medical payments, etc. It is NOT true that you can only recover outstanding invoices. You should probably consult with an attorney to calculate what your damages might be in order to maximize the methods of recovery might be. It is also unfair to characterize your damages as a nuisance claim. You were damaged through no fault of your own. If you want to do some reading, you can get a cursory review here: http://www.injury-settlement-guide.com/your-insurance-settlement.html. Keep in mind that this is NOT legal advice on this website and I am not advocating it as such.

Posted

You have a claim for your injuries, including the medical bills, lost wages, and pain and suffering. There is a 3 year statute of limitations within which a lawsuit must be filed if no settlement is reached.
You should consult with a personal injury attorney concerning representation. Most lawyers will take a case on a contingent fee basis where the lawyer gets paid a percentage of the recovery the lawyer obtains for you.

John H. Barrett 728 Pearl St. Boulder Co. 80302 303-443-6924

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Posted

I am not licensed in your state. I am licensed in CA.

You should contact a personal injury attorney in your area and learn about your rights. You will want to find out about the statute of limitations to make sure you can preserve your right to file suit against the responsible party if necessary.

The damage to your car sounds significant and you mention that you suffered injury. You should seriously consider consulting a personal injury attorney to learn what steps you can take to ensure you receive maximum compensation for your injuries. You shouldn't have difficulty finding an attorney that offers a free consultation.

Best of luck in this matter.

No attorney-client relationship is created through the exchange of information on Avvo.com. The information provided by Jacob Regar is not legal advice, and should not be treated as such. You must not rely on the information on this website (including Jacob Regar's response to your question). Do not use Jacob Regar's answer as an alternative to legal advice from your attorney. If you have any specific questions about any legal matter you should consult your attorney. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website. This website contains general information about legal matters. The legal information on this website is provided "as is" without any representations or warranties, express or implied. Jacob Regar and Barry Regar A Professional Law Corporation makes no representations or warranties in relation to the legal information on this website.

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Posted

Without a personal injury lawyer, you will either get #1. no money or #2. a nuisance settlement. The secret to maximizing your recovery is to retain a personal injury lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

Your entitled to compensation for the pain and suffering of going through a motor vehicle accident, one of the leading causes of death. Ask your attorney whether policy limits are an issue in your case, 14K is pretty close for most policies.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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Posted

You should contact a competent Colorado trial attorney to discuss your potential claim. In my experience, the quality of offers and the flow of information between unrepresented people and the insurance companies improves remarkably whan a lawyer enters the equation. talk to a good lawyer about your case.

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Posted

I agree with my colleagues with respect to your situation. If you do not currently have an attorney representing you, I would strongly suggest that you consult with an experienced local attorney to review the details of your case.

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