California Car Accident Legal Questions

There are many factors which go into a settlement and the question of whether to go to trial and risk losing the money you have been offered. From the description you have provided, there is not a lot of information on liability. While generally speaking pedestrians have the right of way, if you were not in a cross walk or crossed against the light, that could play into the amount you are being offered. Also, what were your medical bills and what are your permanent, if any, effects of the injuries? Trials can be expensive, and if there is any question of liability, a jury could go against you. I'm not really trying to sound negative, but if your attorney has gotten you this far, perhaps you need to chat with your attorney before jumping ship to see why the offer is what it is.... Read Answer

I would say there could be some comparative negligence on both parties. If you negligently let your vehicle run out of gas on a freeway, that would go against you. If there was some mechanical problem with your care you knew about but did not fix before the incident, again that might play against you. If you did not know of the mechanical problem and did not run out of gas, that might be excused. If you can prove the person who hit you was following too close and there was nothing blocking their field of view or in other ways preventing them from seeing and eventually hitting you, then that will play against them.... Read Answer

Assuming you signed a Release (or a Settlement Agreement) as part of your settlement and it released all claims you had against anyone for your automobile accident then you cannot "reopen" your case. Once you signed the Release you gave up your rights to get more money. If your attorney was not aware of the surgery, which could have increased the amount of your settlement, then you cannot blame him or her for the lower settlement amount.... Read Answer