Contact a personal injury attorney who is licensed in NJ to handle it for you. No one can give you a proper answer without reviewing your entire file and looking over your treatment. A competent attorney will be able to get you the best recovery and be able to work with the Defense adjuster.
Contact me for further detailed questions and answers. 215-561-0877 DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.
It is best that you retain an attorney who can go over your medical records as well as find out the type of insurance coverage that the driver has. Normally, the attorney and the insurance company will negotiate a settlement depending upon the severity of your injuries and outstanding medical bills. Therefore, you should seek the assistance of an attorney right away.
The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.
If you were a biking rider and a car hit you at a stop sign, it sounds like it was not your fault. If you need surgery, it sounds like you have a serious injury. Based on those 2 facts alone, I would advise you to immediately seek an experienced personal injury attorney to represent you and advocate on your behalf. Generally, insurance companies will not give you fair compensation without an attorney. Get maximum compensation. Many attorneys, such as myself, work on a contingency basis and offer free 30 minute consultations. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
As already stated, don't make any demand of the insurance company. Hire an experienced personal injury attorney to negotiate for you.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.
Is the surgery to your shoulder, your knee, some other part of your body? You may be undervaluing your case. Please consult a few attorneys who specialize in personal injury matters and then hire one. You are not saving yourself any money doing this on your own. Additionally, the statute of limitations - the time you have to file a lawsuit is two years after the date of accident, but it's better to begin working with a lawyer sooner than later.
Good luck with the surgery if you decide to proceed with it.
This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.
Based on what you have described, the answer to your specific question is that the demand is not too high and may in fact be too low. There are a variety of factors that go into the process ranging from the insurance policy limits, the nature of the surgery, the body part involved, etc. I agree with the other answers that it is best for you to consult with any attorney.
This response is NOT legal advice and does NOT create an attorney-client relationship. For more information on our firm, visit our website: www.njpa-law.com.
Do not attempt to represent yourself, that is a BIG MISTAKE. Consult a local personal injury attorney - most offer free initial consultations, so what have you got to lose.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Although I understand why you are trying to handle this yourself, it is a mistake. You weren't at fault and from the information provided you were seriously injured. A personal injury attorney in your area will know how to maximize what you receive from the insurance company. The insurance company adjuster's job is to save money for their company, and they are settling a claim for the person who injured you. There is also a statute of limitation for filing your action. It is very important to obtain a consultation as soon as possible from a personal injury attorney. Most initial consultations are free.
Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
Consult a New Jersey lawyer to discuss this matter further. Personal Injury cases are hard to assess without a consultation where your medical records can be comprehensively reviewed by the lawyer.
IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.
It is not an easy question to answer without more information. For example, how much time from work will you miss because of the surgery; will there be a scar; will you still have limitations after the surgery? Factors such as these need to be considered. I would consult with a New Jersey personal injury lawyer before committing to anything. You can view my website for information about the services I offer.
Based on the facts you present, $20,000 demand seems too low. Of course, I would need to review the police report and medical reports to give you an answer you can relie on. You have two years to file a law suit, from the date of accident.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
As others have stated, you should speak with an attorney. It is difficult for any attorney to properly advise you as to value without reviewing your medical records, the amount of past and future bills, and the effect of any injury, surgery or recovery on your ability to earn money or work. Our firm looks at all of these factors and more in valuing a case. Hiring an attorney will be the best way for you to maximize your total recovery. Best of luck.
Legal disclaimer: I am not your attorney and no attorney-client relationship exists nor is intended to exist or to be formed by providing the information above. The information provided is not legal advice and is not intended to be taken as legal advice. Any person faced with the above-referenced situation should immediately consult an attorney licensed within the applicable state or jurisdiction before taking any action based on this or any other information.