First, find out what the statute of limitations is for the state where the wreck occurred. In other words, when must your brother file a lawsuit for his claim to not be barred? Next, although your brother has continuous pain and his work performance is affected, he does not know whether this will be temporary or permanent. So, find out from a doctor exactly what the diagnosis for your brother's injuries are what medical treatment will be required. Your brother can then follow the doctor's reccomended treatment. When your brother reaches maximum medical improvement (ie: got as good as he's going to get), the doctor can then assess what permanent limitations or restrictions, if any, your brother has from the injuries, and how the injuries will affect his work and activities of daily living performance. As for lost wages, if he has missed work because of the wreck, he would be entitled for the amount of income lost. If he has permanent limitations or restrictions, a vocational analyst / economist can project what your brother's future expected lost income will be for his remaining worklife. As you can tell, to fully assess your brother's claim and for him to receive what he deserves, your brother should immediatley contact a personal injury attorney in his area.
This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.
Not only could he pursue a claim against the lady's insurance company, but the insurance company of the driver whose car he was in. Many personal injury attorneys, like myself, offer free consultations. So, don't waste anymore time getting in contact.
The world of third-party liability claims is strange and full of pitfalls for the unwary. When walking into a jungle, it's smart to bring a guide. In other words, get a lawyer. There are many qualified attorneys on Avvo. Look around the site and call one based on your comfort level with what you read. But I definitely would not try to settle the claim without counsel.
Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.
Lawyer types call rear end collisions "rear enders." Rear Enders often mean that who is at fault is obvious. The driver of the car that crashed into the back of the car in front of hIm or her is the one at fault (with a few exceptions, of course). If there is significant damage to the car and actual personal injuries, the victim will have no problem finding a personal injury attorney to take he case. Many of us offer free consultations, so there is no need to fear speaking with us. The only issue facing such a victim is which lawyer to retain.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
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.
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.
I'm glad you are prudent enough to seek a lawyer, so your brother can get proper compensation. Retain a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer. Good luck.
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I agree with the other posts in answer to your question. I am very concerned to hear that "prts from the rear of the car jammed into" your brother's back. He could have very serious injuries and if he is experiencing any radiating pain into his legs or arms or tingling in his hands or feet, he could have serious injuries. Be sure to also focus on getting him good medical treatment. Also consult with a personal injury attorney to find out all of his legal rights. Good luck to you and your brother!
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
As many of my colleagues have stated above, you should seek out an attorney in the Bay Area whose practice has an emphasis in personal injury law. Even more importantly get your brother the medical care he requires immediately. Waiting too long to treat for one's injuries is a common argument the insurance companies make against the claimant and will have a negative affect on the value of the case. Your brother should follow up as advised with his primary care doctor. If your brother doesn't have insurance or the ability to pay for medical treatment, many lawyers are able tot refer him to a doctor that will see him on a lien basis; That means the doctor gets paid at the conclusion of the case. He most definetely has a claim against the party that rear ended his vehicle. Alos, if the third party had no auto insurance then file a claim against the policy of the care he was a passenger in. If there is again no policy there, file an Uninsured Motorist claim against your brother's auto policy. Good Luck.
I am sorry to hear about your situation and hope that everyone involved will have a full recovery. Given the facts you presented, I would strongly advise an attorney be hired to represent your brother. Being able to estimate damages that may come up again in the future requires a competent and experienced attorney. Additionally, because of the number of incidents and money to be won, some insurance companies will treat some claims as being more likely than not a fictitious and exaggerated claim. In other words, the claimant is trying to get as much as they can, and are not really injured. Hope that helps.
This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.
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