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Mimy A Bailey

Mimy Bailey’s Answers

4 total

  • Should i retain a lawyer or not

    i was hit on my motorcycle by a 16 year old driver. my injuries were not that great some stitches in my face, pretty bad concussion my back and neck r sore but no apparent injuries i little road rash on hip and a puncture wound to my knee. so some...

    Mimy’s Answer

    In my opinion, it is difficult to navigate the negotiation process alone. Most people do not understand the elements of damages in their case and are being told what it is from an insurance company. The insurance company does not have your best interests in mind; it is the adjuster's goal to pay the minimal amount to resolve your case. Oftentimes involving an attorney raises the value of your case. Most personal injury attorneys will talk with you about your case for free - try to get a recommendation from someone to speak with.

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  • What can I do?

    I settled an auto accident settlement in December of 2008, To date I have not received the funds. What is my recourse? Attorney will not respond to my calls ot letters.

    Mimy’s Answer

    I am sorry to hear you are having trouble. The advice I am giving is without knowing any details about your case and what other issues might be at play. The course of action I offer as a suggestion is one that could be applied to many situations - I once gave a friend very similar advice with regard to her client (design services) who refused to pay his bill. Her promise (not a threat) was that she would be filing in small claims court - he paid.

    Document every phone call and letter you wrote to your attorney - basically create a timeline of the events (date of settlement, date you signed any final paperwork, days you called, days you sent letters, attach copies of any documentation).

    Send a final letter to the attorney outlining everything. Send the letter certified mail and tell him/her (in a bland tone - no threats) that he/she has failed to respond to your communications and that you will seek assistance from the state bar association on a specific date if he/she fails to respond because he/she has left you no choice.

    If he/she fails to respond by the date you noted in the letter, then call the bar association and ask for their assistance - the letter you wrote to your attorney will help you explain everything to the bar association (you may want to share a copy of it with them).

    Good luck to you.

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  • Are we getting an adequate amount for pain and suffering from a car accident?

    My son and I were in a car accident a year ago. The insurance company is offering 1500.00 for me and 500.00 for my son for pain and suffering. I was hit by an oncoming car that ran a red light. My son was three months old and we were taken by a...

    Mimy’s Answer

    Negotiations. The two parties (you and the insurance company) start at opposite ends of the spectrum (you should start very high because they will start very low). Oftentimes, the result of a successful negotiation is that you end up meeting in the middle.
    Consider their first offer to be very low. It's impossible to judge the actual value of your claims based on extremely limited information, but if you are intent on handling this yourself (without representation) then at least my answer gives you a bit of context. Consider talking to an attorney in your area.

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  • Insurance co. wants to close a claim with my wife that suffer whip lash and muscles spasm, what amount should she ask for

    three weeks ago wife and i was rear ended, wife neck was tight but didnt go to hospital that day ,next morning neck was more stiff and painful so she seek pain relievers that help alittle until she can see her doctor two days later,after seen doct...

    Mimy’s Answer

    There is no rush to settle the claim now (keep in mind the 3 year statute of limitations). It's great that your wife is feeling better, but it's best to wait and see. The insurance company wants to get your claim off their books, but that is not necessarily in your best interest. Is your wife's doctor recommending any additional treatment? If so, consider completing that before settling the claim with the at fault driver's insurance company.
    As far as an amount of money, it wouldn't be appropriate for me to give you advice about how much to ask for or to give you an estimate of what your claims are worth. Consider consulting with an attorney in your area.

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