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John Thomas Stralen

John Stralen’s Answers

5 total

  • Why is enterprise insurance making this claim so difficult and what can i do?

    My husband was in a car accident with a guy in a rental car from another country. We filed a claim right away. First the insurance company said they were trying to figure out whether he was here on business or pleasure, don't know why. Then after ...

    John’s Answer

    This question is difficult to answer based on the information provided. Your attorney is in the best position to answer this question because he or she knows the particular details of your case and any factors that may prolong settlement.

    However, there are numerous reasons that insurance companies have for not paying on claims, some make sense and others are hard to justify, especially to people who have been injured. Keep in mind, that proving that the other party is at fault is only one step in the process. Your attorney also has to prove the damages and injuries that were caused by this event. Often this is what prolongs matters. I usually give my clients a big range in time of a few months to a few years when answering their questions as to how long the process will take. Some things you and your attorney can control, and some things are in the control of third parties, such as the insurance company and the adjustor handling the claim.

    It generally does not make sense to try to settle before injuries are healed, or at least before they are diagnoised and fully understood as to what their long term affects will be. Cooperate with your attorney, follow his or her advice, and promptly respond to requests for information. Keep detailed records of time missed from work, as well as co-pays for doctor visits, and mileage and other out of pocket costs. Follow the advice of your doctors, and keep your attorney informed of the status of your medical treatment. This will help your attorney do the best job possible for you within the quickest time possible. Good luck.

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  • If I get sued and have no assets can they take take my car?its new and I'm making payments on it.

    I hit a Guy on a bike when I made a right on a stop sign.he has preexisting arthritis conditions on his knee but claims I'm made it worse.he now needs a knee replacement asked me to settle for 10000g.I said no.now he wants to take me to court.alth...

    John’s Answer

    More information is needed in order to provide the best answer. I agree with the others who have answered that if you have auto insurance turn this over to the insurance company and let them handle it for you. If you have insurance, your concern could be that you do not have high enough limits to cover all of the claimed damages. In that case, it can help if you write a letter to your insurance company and request that it settle the case within your insurance limits so that you are protected. The insurance company gets to make the decision to settle or not settle under the insurance contract, but this can help in certain situations. You can also consult with an attorney who handles insurance coverage matters and hire him or her to write such a letter.

    If you have no insurance, you should consult with a bankruptcy attorney. If bankruptcy is not a viable option, the person making the claim might have uninsured motorist coverage, and he may pursue his claim under his own insurance policy. As a last resort, you can contact the attorney for the person and ask if a small sum can be paid over time since a judgment will not be paid because of your lack of ability to pay. Consulting with an attorney to handle these options for you is recommended. Good luck.

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  • I am the plaintiff and I need to find a doctor that will be an expert witness in my personal injury lawsuit? How do I find a doc

    I want to make a settlement offer, there is a pending Mandatory Settlement Conference scheduled in March 2013. Will the doctor's expert opinion/testimony help me secure my offer. How do I find a doctor and what is the approximate costs?

    John’s Answer

    You should hire an attorney who handles personal injury cases to help you. Often, the doctor who treated you will be an expert in your case. However, there are situations where it might help if you hire a doctor specifically to evaluation your injuries to testify in the case. There are several factors involved such as time, costs, the type of injury, whether the treating doctor will testify, to name a few. In some cases it can be helpful to have a doctor perform an evaluation and impairment rating using AMA guidelines. Generally the treating doctors are not in a position to do that and you or your attorney would have to hire a doctor to do this evaluation and write a report. Good luck.

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  • Will SSI take the 25,000 PI money that I will get as a result of a car accident settlement? Can I buy a new car with the money?

    My car was totaled 2.5 years ago when a driver ran a red light. I had considerable medical costs, pain, suffering and have been without a car the entire time. My attorney paid Medicare back for the medical costs. But, I'm not sure what to do next....

    John’s Answer

    You should talk to your attorney. There are legal ways to maximize your net proceeds from the settlement and reduce any loss of SSI benefits. These are determined based on many factors specific to your situation, including your assets, and the settlement amount. There are trusts that can be created, but those might be expensive. There may be other alternatives such as to spend the money on an asset that does affect your SSI, but you may temporarily loose benefits. Each method needs to be analyzed, so your net recovery is maximized. Good luck.

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  • Rear-ended by a DUI driver (suspended and revoked license) with no insurance...do I hire an attorney to handle my case?

    Car is a total loss..Family needs chiropractor treatment...we have insurance but how can the driver who rear-ended us pay for our pain and suffering with no insurance and DUI? Lawyer needed or not?

    John’s Answer

    There is not enough information to answer your question. You may have a type of coverage called uninsured motorist coverage on your own auto policy which would cover you, or the facts of the collision could allow for a claim against another party with insurance or assets. I recommend you call an attorney for a consultation. Most injury attorneys offer a free consulation. Doing this will allow the attorney to obtain more information and better guide you in the right direction.

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