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Do i need an attorney?

Fresno, CA |

I was hit by a drunk driver, she provided proof of insurance but her company is still determining eligibility (incident happened 10/12). She just had her arraignment.What can i add in restitution and should i take her to civil court?

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Attorney answers 7

Posted

If you were injured you will most likely obtain better compensation in a civil lawsuit than through a criminal restitution order, so the answer to your question is yes. I encourage you to find a qualified local attorney to guide you through the process sooner rather than later. The criminal case might help you with the civil case so delay could be harmful.

Posted

If you were injured, you should consult with a personal injury lawyer in your area. You should also make sure to get the appropriate medical care. If you have uninsured motorist coverage, and it turns out that the other driver is not insured, you can make a claim against your own insurance for your injuries.

As for restitution and civil court here are my thoughts. You have a right to go to civil court. This why you should consult with a lawyer to discuss your possible damages. As for restitution, you would be entitled to be reimbursed for your out of pocket expenses.

Posted

Your own uninsured motorist coverage is your best bet!

Good luck!

Posted

Researh shows that injuried parties who hire an attorney recover 30% or more in their pocket than those who go it alone.

I always file a restitution request when my client's injuries were the result of a criminal act.

I was a former Deputy District Attorney and know how to handle these types of cases.

Go with a local attoney for your case and call me so we can answer you questions - there is no charge to discuss your case with me (559) 421-9465.

Frank Nunes

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Posted

That is too long for the insurance company to string you out. You need an attorney to pursue the claim for you and probably file a lawsuit. Your insurance may cover you also if you had UM coverage (uninsured motorist protection). You should submit all bills and expenses for restitution, and also pursue the civil claim. You may even be able to go back to the restitution court after resolution of the civil claim and get attorney fees reimbursed.

Posted

If you sustained injuries, you should retain a local personal injury lawyer to investigate a claim.

Posted

When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney. If the accident was not a rear ender, the attorney will advise on fault and liability.

When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc. We can advise on how to handle matters against drunk drivers and what to do and not do in the criminal court.

Fortunately, most of us personal injury types offer free consultations and take such cases on contingency, so there is nothing to fear in calling us.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.