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I recently got hit by vehicle in work parking lot, drivers Insurance wants to settle what should I do

San Jose, CA |

While walking to my work entrance after parking my car I was struck from behind by a vehicle I was thrown and landed on my right side ambulance was called rushed to hospital after being checked out I was released I missed 7 days work due to accident and have had a follow with doctor I'm back to work but still have pain but have restricted duties .Insurance wants to settle for all wages and medical . but what about pain and suffering also what if I settle and my injury becomes an issue months later How do I settle for an amount that night later come from my own pocket At what price do you ask an insurance settlement

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Attorney answers 9

Posted

see other post.

Posted

Because I don't know the specifics of your case and how much you should be compensated for your damages, telling you to settle or press for more would be unethical. You should contact an experienced pedestrian accident attorney to review your case and represent you in your claim. Letting an insurance carrier dictate how much you will settle for may leave you with future medical costs coming out of pocket. I have protected my clients rights to a fair compensation in car, bike and pedestrian accidents. The pain and suffering portion of your accident claim is determined by a variety of factors and should be reviewed with a top notch pedestrian accident attorney. Best of luck.

Posted

You could be considered to be in the course and scope of your employment since you were in your work parking lot. You should consult with an experienced personal injury attorney and also a workers compensation attorney to determine all of your rights. I would not recommend that you settle your case until you complete your medical treatment and have reached a point where the case is in a settlement posture.

Disclaimer- The information you obtain at our web-site or through postings on such sites as”AVVO.com are not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Posted

Attorney Corwin offers good advise. Working with your adversary is like working for your adversary.

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 www.nyelderinjurylaw.com

Posted

From what you describe it sounds like you are absolutely getting "short changed". You are entitled to pain and suffering in addition to lost wages, and medical expenses. You also need to obtain a definitive medical prognosis as to your present condition and the need for future medical treatment, if necessary. Your best bet is to speak with an attorney immediately prior to having any further dialogue with the insurance carrier for the party that hit you. They are in business to pay as little as possible on your claim! Our office handles these types of incidents if you would like to discuss further.

Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

Posted

I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is that the best thing to do is to hire an attorney and have the attorney deal with your your request for payment of pain and suffering and medical bills to be paid for. 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 hire 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 and get you a rental if you need one.

You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around! 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. 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 many of these cases in the San Jose area. Its very possible that your case is worth more than the $$$ that they are offering. Call an attorney today, you won't regret it.

We all give free consultations! Make your life easier and hire a lawyer.

Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

You are absolutely right to be concerned about these types of things. There is a chance that you could get worse in the future and you should never prematurely settle a claim. You also should not be trying to do this without an experienced personal injury attorney who can guide you and ultimately obtain significantly more compensation than you could get by yourself.

Posted

They are trying to settle quick and cheap. Don't do it. Once you settle for any amount you have to sign a release. if you have more problems, bills etc after, you are out of luck. You need to get all proper care, and see how much bills are, etc. You med ins likely will want to be reimbursed from any money you get. You need to talk with a local injury lawyer asap. Thses are not simple issues.

Robert Kopelson San Jose, Ca.

Posted

If someone is injured in the work parking lot - hit by a car, for example... the injury might be work related for purposes of workman's compensation insurance coverage... AND it might fall under personal injury law as well... such an injury should be run by a local personal injury attorney who will advise as to what law or laws the injury falls under and how to recover and from whom and how much recovery can be expected.

Since many of us personal injury types offer free consultations and take personal injury cases on a contingent basis, there really is nothing to fear in calling us.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92883
(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 and does so anywhere in the State of California.

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.

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