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  1. #1
    Join Date
    Sep 2009
    Location
    Yucaipa,Ca (so.ca)
    Posts
    35

    Default Possible Lawsuit

    My accident occured in california. The accident happened jan.09 & the lady who did not yield to cross traffic (me) was 100% at fault & admitted it. The property settlement was settled 2-09 & i got whiplash from the accident. I have been in & out of treatment for 7 months & im much better now. I notified the at fault insurance company claims adjuster via email that i was done with treatment in late aug & he never replied back. I then called him a few weeks later & told him the hospital will be sending him & me the med records & bills. He was a lil quiet. If the ins co doesnt settle for the amount i want for pain & suffering i will sue the people who caused the accident in small claims court for $7,500.00. Will i have a problem suing them & what will happen ? I prefer not to sue but i will if i have no choice.

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Possible Lawsuit

    A personal injury suit is tougher to pursue than you might think. That is one reason that insurance companies have gotten totally unreasonable when their insured injures you. 30 years ago they would bend over backwards to make a settlement - not any more.

    You can sue in small claims court for actual monetary damages, not for pain and suffering. Now, to build a winable case, it is important to have providers who document well. Some do; some do not. Some don't want anything to do with a personal injury suit because of the documentation they have to provide and the potential of being called to testify in court.

    An attorney will take a good sized chunk (about 30%) of your settlement if he can settle without going to court. The insurance companies know that. So, one approach is to go with an attorney and have him negotiate with the threat to go to court; he probably will have to file a suit and then try to settle out-of-court. If you want to go it on your own, put together a detailed spreadsheet showing all of your costs including dates, providers, and dollar amounts paid. Make sure you don't forget anything, over-the-counter medicines, crutches, appliances, mileage to providers and to pick up supplies, etc. Total it all. At the bottom of the sheet, put in a factor of 3 (multiply the total by 3) for pain and suffering. Expect to settle for half of that if you are a good negotiator.

    It will not be easy. They will slow roll you (not answer you for weeks or months), low ball you (offer a stupidly low settlement), etc. If you are not good at negotiating and don't have the patience to let things play out, go back to get an attorney. If you are good at negotiating, you can come out reasonably well. Don't threaten them with Small Claims Court. That will just give them a good laugh and let them know you don't understand. The best you can get from Small Claims Court is your actual out-of-pocket costs, which they are probably quite willing to pay after letting you stew for awhile.

    Good luck.

  3. #3
    Join Date
    Sep 2009
    Location
    Provo, Utah
    Posts
    26

    Default Re: Possible Lawsuit

    If you hire an attorney, make sure you find one that is willing to put in the work to get a good settlement. We've found insurance companies routinely low ball people. When I've discussed this with adjusters, they tell me that they aren't low balling because many people and law firms accept those low ball offers. Many law firms find it unprofitable to put in much work on smaller cases.
    Look for an attorney that has a lot of experience in personal injury but doesn't run you through like cattle. If you find the right attorney, you are almost guaranteed to get more money in your pocket, even after paying attorney fees, compared to handling your case on your own.

  4. #4
    Join Date
    Sep 2009
    Location
    Yucaipa,Ca (so.ca)
    Posts
    35

    Default Re: Possible Lawsuit

    My med bills totalled $3,710.00. I went to the doctors 15 times (10 for physical therapy). I cant prove loss of wages cause im self-employed. My car was totalled & i got $1,656.00 for it (90 Tbird). What would be a fair settlement for pain & suffering ?

  5. #5
    Join Date
    Oct 2009
    Posts
    6

    Default Re: Possible Lawsuit

    Quote Quoting steel
    View Post
    My med bills totalled $3,710.00. I went to the doctors 15 times (10 for physical therapy). I cant prove loss of wages cause im self-employed. My car was totalled & i got $1,656.00 for it (90 Tbird). What would be a fair settlement for pain & suffering ?
    You got your answer already, it was in this paragraph:

    Quote Quoting Scott67
    View Post
    ........... If you want to go it on your own, put together a detailed spreadsheet showing all of your costs including dates, providers, and dollar amounts paid. Make sure you don't forget anything, over-the-counter medicines, crutches, appliances, mileage to providers and to pick up supplies, etc. Total it all. At the bottom of the sheet, put in a factor of 3 (multiply the total by 3) for pain and suffering. Expect to settle for half of that if you are a good negotiator.
    .......
    Good luck.

  6. #6
    Join Date
    Sep 2009
    Location
    Yucaipa,Ca (so.ca)
    Posts
    35

    Default Re: Possible Lawsuit

    Do you mean $3,710.00 x 3 =$11,130.00 divided by 2 =$5,565.00 for pain & suffering OR do i subtract the $3,710.00 from $5,565.00 =$1,855.00 ? Which amount can i hope or expect to get for pain & suffering ? I have never been through this before & i dont want to mess up. Thanks....

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Possible Lawsuit

    Quote Quoting Scott67
    View Post
    You can sue in small claims court for actual monetary damages, not for pain and suffering.
    Nolo's California small claims book indicates otherwise. Has the law changed?

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Possible Lawsuit

    Quote Quoting aaron
    View Post
    Nolo's California small claims book indicates otherwise. Has the law changed?

    Judge Wapner's Peoples Court out of CA, permitted these claims, although a mediation show basically, he was bound by CA law.

    My state does not, as a comparison.

  9. #9
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Possible Lawsuit

    Based on that, it would appear that my statement was incorrect.

  10. #10
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Possible Lawsuit

    I do not know CA law specifically but generally speaking small claims courts have limited jurisdiction and are for simple money disputes. They are an expedited method to resolve small disputes. I have never heard of a pain and suffering case in small claims. If it is filed there, it is removed to county or circuit court usually.

    Small claims has no or very limited discovery. Anybody with any sense, much less an insurer with professional lawyers, is going to want to have discovery and is going to remove the case to a higher court. Your only advantage here is that they will pay the filing fee which is many times that of small claims.

    You should research small claims in CA and find out exactly what cases they will hear and what you are giving up going that route. If you want a cheap route to get the insurer into court, that might be the way to go. I will bet they remove it to a higher court.

    Here in FL we have small claims up to 5k, county court 5k to 15k and circuit court over 15k.

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