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.
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.
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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
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.
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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.
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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.
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.
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 J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
4160 Temescal Canyon Road, Suite 306
Corona, CA 92883
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."
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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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