Definitely get a lawyer first. It's amazing how your own insurance company can treat you (e.g., cheat you out of compensation that you pay for every month for unforeseen incidents such as this hit-and-run accident) in these types of situations.
Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.
I would suggest that you make sure all of your medical treatment progresses immediately. Contact a local area personal injury attorney, here in the LA area such as myself, and set up an appointment to meet with and retain an attorney right away. I am very sorry you were hurt. Do not give out any statements to the insurance company without talking to an attorney first. 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.
Your own insurance company may provide you reimbursement for medical expenses, but that is it. If you have other damages from the accident or want compensation for your pain and suffering you will most likely have to go through the insurance of the defendant.
If you damages are small you could probably handle it yourself and even take them to small claims court if they don't satisfy your demands (up to $7500 if the other driver has insurance - $10,000 if he doesn't).
If you think your case is worth more than $8000 I would suggest you consult with an injury attorney. The consultation will be free of charge and once they get the complete story and more details regarding your injuries and treatment you will get a more thorough evaluation.
This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.
You need to consult with a personal injury attorney who can get you pain and suffering damages in addition to compensation for your medical bills.
Without question, get a lawyer first. There are many pitfalls in making and maintaining a personal injury case, you should not go it alone.
This is general advice and does not establish an attorney-client relationship.
There are a lot of unanswered questions I have. You should go see a qualified attorney in your area who will likely consult for free and then you can decide whether or not you need a lawyer. With the facts you gave my answer is a definite "Maybe."
Get a lawyer first. If you have "med pay" coverage, your insurance company may pay your medical bills up to your med pay limit, but you would need to go after the person responsible with your own lawyer who can help you recover any damages beyond your med pay limit as well as lost earnings, if any, and pain and suffering damages. Your insurance company has no duty to pursue those remedies for you. Remember, your rights are time limited so consult with an experience lawyer without delay or you stand the risk of losing your rights forever.
California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and bankruptcy (ch. 7) matters in the greater Los Angeles area. To discuss possible representation, feel free to phone Mr. Babachanian at 818-500-0678 or email him at email@example.com. The information provided is as a public courtesy only and does not establish an attorney-client relationship. Only a formal written agreement establishes an attorney-client relationship. In criminal cases, speak with nobody except privately with an attorney about your case facts. In personal injury cases, all cases are governed by statutes of limitation which create deadlines to bring your case, and if you miss the deadline(s) you risk forever losing your rights.
Regarding your complained of injuries, you must contact your own insurance company to provide reimbursement and/or make arrangements for medical expenses. If you have other damages from the accident or want compensation for your pain and suffering you will most likely have to seek the assistance of a competent attorney in your area to file a lawsuit against the other driver; the insurance of the defendant. Or, you can individually file a lawsuit in small claims court, depending on the extent of your injuries. Ascertain the legal limit of compensation from your district's small claims court. For example, some court cannot award over a certain monetary amount. As the name implies, its generally for "small" claims.
Consult a California personal injury attorney ASAP - since this was a hit & run your are going to need professional legal assistance. If necessary that attorney will be able to help you obtain any needed future medical care on a lien basis so you will not have to pay out of pocket. Most personal injury attorneys offer free consultations.
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.
Aside from getting to tell people that one "lawyered up" and saying one has "a mouthpiece" doing all of one's talking... bragging rights... there are many other benefits from having a lawyer represent one should one be a victim of someone else's crumby driving.
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.
An experienced personal injury attorney will consider past and future medical bills, past and future employment losses, pain and suffering (past and present) and lots of little things that may not be so obvious.
Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there 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 92833
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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