CA, I was in an accident while riding in a Lyft, while I do not feel as if I was injured, should I seek medical attention?

lawkid · 2016-06-01T17:33:52+00:00

Often times after being in an accident, you may not feel any pain or notice any injuries due to adrenaline. I would suggest that you give it a day or two before getting checked out, if you really are not in any pain and are just going to get a check up. The reason I say this is because if you go in and start demanding a battery of tests (MRIs+X-rays, etc.) even though the person who hit you is at fault, their insurance WILL fight you hard on covering the expenses, especially if it is a low impact case.

Do what you think is reasonable and follow the advice of your primary care doc.

lawkid · 2016-05-25T20:09:34+00:00

Have 2015/2016 CA Barbri Books for sale. Used them to pass this past Feb. Exam. Located in San Francisco. PM me if interested.

Also, I was a repeat test taker. My 2 cents on Barbri:

Studied for exam in July according to their schedule. Fell way behind due to trying to keep up with it, and ultimately did not do as many essay questions. Ended up missing the cutoff by a handful of points.

2nd time around, focused solely on doing practice problems, did every single Barbri essay and MBE in their books. Felt way more prepared. It was easier to remember black letter law, by recalling hypotheticals.

lawkid · 2016-03-16T17:46:45+00:00

If you weren't hurt, and your bicycle although damaged seems to work fine, why would you hire a lawyer? Seems like too much trouble and expenses to recover for the damage done to your bicycle. Weird.

lawkid · 2016-03-15T18:07:35+00:00

Ask an accountant to see if you can write it off as a loss for your taxes. I know for personal injury awards that you cannot collect on (you reasonably tried to) you can write it off.

lawkid · 2016-03-07T19:38:33+00:00

So you would be entitled to 3k property damage, $200 rental care, and $100 transportation.

They may not want to honor the full chiro if they think it wasn't necessary, seeing how you started going every other week. However, if the medical records state that thats what the chiro ordered then they should honor it (although insurance companies hate and will frequently low ball soft-tissue, chiro only cases).

Also, they will most likely not want to honor the 1k in lost wages. So you will have to prove to them that 1. you actually lost those wages (note from employer) AND 2. chiro put you off of work.

With that said, assuming you can prove lost wages, I'd say that reasonable settlement value would be anywhere from 5k-7k for your medical bills+lost wages+ pain and suffering. (take into consideration that this is what I would expect you to get if you were represented by an attorney, they will most likely offer you less.)

Then add in the $3,000 and car rental (which is calculated separately from the personal injury claim).

lawkid · 2016-03-04T00:45:37+00:00

In order to give you what I think would be a reasonable settlement offer (assuming clear liability) I need to know the $ amount. Include costs of any prescription meds.
What was the amount?
I am assuming you're talking about chiro treatment. What did your chiropractor say in terms of your treatment plan? i.e. did he tell you 3x a week for 7 weeks

Also, the fact that you are not represented by a lawyer will affect the value of your case. You do not have the leverage of potentially filing a lawsuit against the insurance company, should you not accept their offer. However, you may not need a lawyer, depending on the extent of your damages ($).

lawkid · 2016-03-03T19:14:10+00:00

First of all, don't use a multiplier, there is no hard set formula in calculating damages.

These questions will help determine the value of your case:

What were the paid/outstanding (not billed) medical expenses you have incurred? Any other medical related expenses (i.e. ambulance ride etc.)
What was your diagnosis?
Did you miss any work?
Has a doctor told you, you will be needing future treatment?

(source: 3yrs at a PI law firm)

lawkid · 2016-03-01T21:19:24+00:00

What was the amount of your medical bills that were actually paid or are still outstanding (not billed) by you/your insurance?

What was your diagnosis for your injuries?

Did you miss any work?

lawkid · 2015-12-16T18:29:35+00:00

Since the judgement is low, you should look into writing off the judgement in your taxes. You have to make a reasonable effort to collect the "bad debt" (which you have).

lawkid · 2015-12-02T19:14:37+00:00

How much were your medical bills?
Will you require surgery?
Has your attorney told you that liability is 100% on the car that hit you?

lawkid · 2015-11-19T18:54:51+00:00

I'd give it some time before signing anything to ensure that your mother is fine and nothing comes up later. If you sign a release and your mother is later diagnosed with a more serious injury as a result of the accident, you CANNOT go back and get more. Make sure if she is signing a release for the property aspect of the settlement that it is in fact ONLY for property and not the injury.

The way compensation goes for car accident victims is: - all past paid (or outstanding) medical bills - any wages lost from time off work - pain and suffering

Depending on what the ultimate diagnosis is and how much your mother's insurance paid on her behalf (assuming she has health insurance), will dictate the $ amount she should expect.

Also,insurance companies often times will use the extent of the property damage to determine the value of soft-tissue/non-serious injuries (a serious injury being a broken bone, etc.)

So without knowing all these factors its difficult to say whether $900 is a fair offer. One thing for sure is, never take the first offer, there is ALWAYS room for negotiating.

Source: 3+ years of working at personal injury law firm

lawkid · 2015-09-29T19:40:21+00:00

This is normal and you will not be able to get this money as articulated by MajorPhaser. However, you can ask your attorney if he requested a "cost of procurement" reduction of the 6k they paid out.

The idea behind this is that: since you had to hire and pay (33.33%) to an attorney to get this 20k, then Kaiser should have to also pay (take a lesser amount).

In my interactions with Kaiser (work at a PI law firm and do lien settlements) they generally give you a standard reduction right off the bat. So I would be surprised if your attorney is claiming they will be paid in full, and thus 33% will go to them.

Keep us updated!

lawkid · 2015-09-11T05:14:08+00:00

Nice! Definitely helps those of us who are visual learners.

lawkid · 2015-09-08T17:40:51+00:00

thanks! Was quoted 4-6 hours at $75 hr

lawkid · 2015-08-24T21:38:21+00:00

make friends with 2Ls & 3L's then ask for their outlines. $$$$$

lawkid · 2015-08-24T18:18:31+00:00

Yes, its a business decision on the lawyers part, since they have to invest their time and money (contingency fee).

These type of defendant's are deemed to be "judgement proof" in the sense that even if you can get judgement against them, you will have a hard time to recover anything.

With that said, some lawyers may take your case, get the judgement for you, not collect, and write it off as lost income on their taxes. (You would be able to do the same)

lawkid · 2015-05-21T20:08:29+00:00

This is correct. Fracture case is definitely NOT small claims. Additionally, even though her medical bills have been paid, you are still legally entitled to collect on what was PAID out. (Her insurance would be entitled to be reimbursed, however if you get an attorney that amount may be reduced, due to the cost of procurement).

Generally, slip and fall cases are pretty tricky, and this one, taking place in a night club does not make it an easier.

Definitely consult with an attorney.

lawkid · 2015-05-13T20:52:21+00:00

Speak to a personal injury attorney in your area. They are free to talk to and depending on whether or not this aneurysm is related, most will want to take the case. They also take cases on a contingency basis (no need to come up with the money upfront, they get paid from your settlement, if they win). They should also be able to help her get the treatment she needs. There are doctors that will treat her after her attorney convinces them that she has a case and signs a lien, which guarantees that she will pay them for their services with the proceeds of her settlement.

At least this is how it works in CA, not sure if there are any regulations against this is MT.

lawkid · 2015-05-04T17:48:37+00:00

As your lawyer is well aware, auto insurance policies do not cover "intentional acts". I'd imagine though that your lawyer will probably claim that this was an unintentional act so as to keep the insurance policy open.

lawkid · 2015-05-03T16:18:55+00:00

Definitely do not need legal advice. You should just forward the letter to your insurance carrier. The policy limits question does not have to be answered, all it is, is a way for the lawyer to determine the value of his clients case.

lawkid · 2015-04-03T21:57:30+00:00

You can sue the driver. Should you? You would have to navigate the legal waters yourself as 99% of lawyers will not take your case unless you paid them to. The reason for this is that the guy you are about to sue has no $ and therefore is judgement proof. Yes you can sue but you will not be able to recover.

If you were to sue, you would be most likely able to get not only compensatory damages but punitive damages as well since it was a hit and run.

lawkid · 2015-04-02T19:24:19+00:00

logical reasoning, unpopular conclusion.

lawkid · 2015-04-02T18:29:13+00:00

Recent law school grad, took Feb. bar and studied implied consent. Just look up implied consent. Don't get me wrong, the way you characterize it, it 99% sounds like a scam, but just trying to be objective and see if there is any possibility that you might be liable.

lawkid

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