What is your question?? You have serious injuries, so I would immediately retain counsel with a good track record of handling serious personal injury cases. It sounds like you have the makings of a very good case... hire a good attorney to help you maximize your recovery. Good luck to you!
I am very sorry for your troubles. It seems that your message got cut off before your question was posted. Bottom line, with the injuries you are dealing with and the circumstances of the accident, you need to consult with an experienced trial attorney as soon as possible. You have two years from the date of the accident to file an injury claim or forever be barred - with rare exceptions - and it sounds like you may be approaching that deadline. Do not wait, contact an attorney as soon as possible. Conslutations are free of charge.
This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.
I hope you get well soon.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
I am not sure what your question is, but if you are suing Hertz for an accident involving a car that it rented out, experienced lawyers are going to tell you that unfortunately, Hertz is not liable for the injuries you suffered, unless the car was defective or Hertz knew the driver was incompetent. This is a federal law. You should be consulting with lawyers about other potential defendants if Hert'z role was limited to owning and leasing the car.
In California, a person claiming bodily injuries must either settle or file a lawsuit within 2 years of the date of the accident. You say you are "taking Hertz to Court." So it's unclear whether you've already filed suit or not.
You don't include details as to how the accident happened. Who caused the head on collision? Was it the driver of the car you were in or the driver of the other car? If the driver of the other car caused the collision, it seems like you should have submitted a claim for bodily injuries under that person's auto insurance policy. If the person driving the car you were in caused the accident, you should submit a claim for injuries against that person's insurance policy. The same deadline applies as to the driver at fault, you must either settle or sue them within 2 years of the date of the accident.
You have left out necessary details as to how Hertz is to blame for this accident. You say "Hertz knew the terrible head on collision I was involved in as a passenger." What do you mean? Are you claiming that Hertz had a reason to know the collision would happen? How? As the plaintiff, you will have the burden to prove that.
You really would be best serving your own interests by hiring a personal injury attorney to handle this. Handling this on your own sounds like a big mistake. Most personal injury attorneys provide a free initial consultation to review your photographs, documents, and to discuss the merits of your claim. If you handle this yourself, I am guessing you will be seriously outgunned by Hertz's attorney. If you mess up your case, you won't get a second shot and will likely regret it. Consult an attorney ASAP!!
***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship. An attorney-client relationship with me and/or my law firm is only created upon the signing of a written attorney-client agreement.
You should not be communicating with a potential defendant. And it is not at all clear that Hertz should be the primary defendant - or a defendant at all - in any court case you may bring. Please contact an experienced personal injury attorney immediately. You are jeopardizing your claims by trying to handle them yourself.
You don't provide the details needed to assess your situation. There are complex time requirements imposed by law and failure to comply can result in loss of your rights. You need to get an atty immediately if you don't already have one. The police report, med records and bills will need to be gathered. Insurance info is needed too. You can get a free consult from a PI atty. This is a complex matter due to the injuries and the likely large medical expenses you have incurred.
I understand your stress, pain and hatred towards Hertz and their insurance company. WIth that being said, do not file the lawsuit by yourself unless it is to preserve your rights. You will need to get an attorney immediately because they will just run circles around you in court. All of us offer free consultations.
I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. Your gut instinct is right that you have questions regarding your rights and your case. I've handled a good amount of accident cases and know that insurance companies give cases like yours a hard time even if the police report finds the other person at fault. You should hire an attorney now before you hurt your case (happens unfortunately very often). You should hire a lawyer to help you out with the claim because regardless of the outcome of the police report insurance companies give unrepresented people a tough time. I've handled cases and referred clients to great doctors in the Walnut Creek, CA area.
At our firm we always refer clients to all kinds of doctors and chiropractors when our clients are injured and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE (or your uninsured motorist policy). The attorney you hire will handle the claims process from start to finish.
But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defenedant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Walnut Creek, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.
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You also need to be aware that any statements made, albeit out of court, could possibly be discoverable. It's probably best to keep any further information about your situation between you and your attorney. You never know what you may want to keep confidential.
I don't see a question here, but your injuries were horrific and I trust you have a good personal injury attorney to sort this out. I'm not sure why you want to sue Hertz, unless Hertz was negligent in some way in the renting of the vehicle. They certainly have vicarious liability, but that is limited to $15,000 in California, unless you can show they were otherwise negligent. I would need to know who the driver of your car was and who was at fault, your driver or the other party, and to whom had Hertz rented the car? I'm also worried about the statute of limitations here, which is two years.
I am very sorry to hear about your injuries. Unfortunately, you did not provide a question that I and my colleagues can answer and very little factual information as to your accident (other than your injuries). I believe that you should quickly contact a personal injury attorney here in the LA area to assist you and to review your situation. Best of luck
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
What happened which makes Hertz responsible? Certainly sounds like you have horrible injuries but more facts about your accident are necessary to evaluate your claim. You should get a consultation from a personal injury lawyer.
You don't say what Hertz did wrong to cause you to bring them to court. You don't actually ask the question. That said, based on the injuries you describe, you need to see a personal injury attorney immediately. You also need to see when immediately because any potential claim you may have might be extinguished. If you don't act in a timely fashion and the statue limitations, which would cause the claim to be extinguished is only two years.
The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.
I'll pile on here and offer you some law to ponder. Ever since Bush II signed the Graves Amendment, which ELIMINATED VICARIOUS LIABILITY for rental and leasing companies, there has been no negligence cause of action against the title owner of a rental or leased vehicle. See 49 USC § 30106 Negligent entrustment, though, may still exist as that is direct liability, not vicarious.
We are Serious lawyers for the Seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.
PLEASE retain a competent, proximate personal injury attorney to avoid further performing client malpractice. If the pain/injuries are disabling you a guardian ad litem or conservator may be needed to do so.