QUESTION
Accident with 18 wheeler load fell from truck and struck car should I take them to court knowing that they are saying they are 100% at fault?
Asked on Mar 20th, 2013 on Personal Injury - Nevada
More details to this question:
I was a passenger in a car, and a huge object fell from the 18-wheeler load that covered the whole road, I ended up having my shoulder injured and my lower back having pain and minor injury to it but still hurts all the time. I had MRI and all that stuff done and had medical treatment for almost two years. The insurance company claimed 100% at fault I recently just done mediation all they wanted to cover is my medical and maybe future medical for my shoulder. They did not want to compensate much for pain and suffering for these two years not able to work, at the time of accident I was not working and the construction company I was working for the past two years right before accident went under some very legal stuff and could not provide me with W2's basically cash job. Now the insurance company only wants to pay me $50,000 in pain in suffering is it worth going to trail because I am not able to do manual labor anymore the doc said. He said I can only lift 10 pounds and sit and stand as needed so they are saying I can get job paying around 16k a year since I had W2 to provide that I made at a job in the past five years, to me this is just not right. I am not able to work in the oil field anymore or do any more construction and 50k is nothing.
14 ANSWERS
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Your message lacks a lot of facts which are needed before ANYONE could give you a decent opinion on how much your case is worth. You need to sit down with a lawyer and give him ALL the information he/she will need, and PAY HIM/HER for the opinion you need. Without someone who knows what your case is really worth AND is on your side, you will almost certainly be taken advantage of by the insurance company. Insurance adjustors know you don't have any idea what your case is reasonably worth, and will try to convince you that what they are offering is fair and reasonable. Don't believe it. However, don't expect any lawyer to give you a professional opinion without some kind of compensation.
Answered on Mar 25th, 2013 at 8:44 PM
Ronald A. Steinberg
Get a lawyer before you get screwed.
Answered on Mar 25th, 2013 at 8:12 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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I think you will have to hire an attorney and file a lawsuit against them to obtain more that what they have offered.
Answered on Mar 25th, 2013 at 7:29 PM
Lisa Hurtado McDonnell
Yes, it worth going to trial. You need to hire personal injury attorney. The insurance company is not going to be threaten by you resenting yourself.
Answered on Mar 25th, 2013 at 2:24 AM
Ward Merdes
The Statute of Limitations is TWO years. You are running out of time. Contact an attorney ASAP. It sounds like the insurance company may indeed be low-balling you. Get legal help, NOW. /s/ Ward Merdes.
Answered on Mar 25th, 2013 at 1:43 AM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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You should retain an attorney, if possible, who can negotiate a settlement with the insurer for the truck company. There are actually attorneys who specialize in accidents involving 18-wheelers.
Answered on Mar 25th, 2013 at 12:58 AM
You should hire an attorney to take them to court. It sounds like a great case.
Answered on Mar 25th, 2013 at 12:11 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Go hire a lawyer. You'll take home more after the attorney takes out his fees than if you tried to do it by yourself.
Answered on Mar 24th, 2013 at 11:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It sounds as if you have an attorney. If you do, your attorney who has been through the discovery process and mediation with you would be in a much better position to advise you. I would just be making an educated guess.
Answered on Mar 24th, 2013 at 8:50 PM
It is impossible to adequately value you case with just those facts. But I can say that just because tot go to trial does not mean that your are guaranteed more money. A jury could award you less money our none at all. An experienced attorney will be of great help to you.
Answered on Mar 24th, 2013 at 8:46 PM
NA richard@jandjlaw.com
I assume you'll want to try to settle before suit, but you may have to file the case to get fair value. 3 year limitation of action statute from the injury date in WA.
Answered on Mar 24th, 2013 at 8:37 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You start by saying your shoulder was injured a a minor back injury, then later you wander all over about your many problems, many of which have very little to do with the value of a claim. You say $50000 is nothing. Really? It is probably more than 90 per cent of people get for such injuries.you talk a lot about wages. It is not real clear but it seems like you might have been paid off the books and you cant prove your wage loss . if you bring the matter to trial they will demand your tax returns and try their best to get you in dutch with the IRS for not paying taxes (that is one of their favorite tricks.) if you claim wage or income loss you have to prove it and your tax returns have to show it.take your 50 and run. if the jury thinks you are exaggerating or lying about your income or are a tax fraud or if they just don't like you or believe you for any reason they may give you little or nothing. Thin k carefully about what you are doing. You have been watching too much television about fantasy law suits. everything you see on the rely is fantasy. The real world is hard and getting harder. Wait for what Mr Obama has in store for us down the road. You may need the 50 for groceries
Answered on Mar 24th, 2013 at 6:19 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If there was 100% liability on the part of the truck owner/operator and you no longer can do manual labor, then if you are 40 years old, your work life expectancy would be at least 25 more years, so if your annual earnings would have been say $40,000 per year, your loss of earnings and/or loss of earning capacity into the future may very well be in the $1-million range. And they are offering you $50,000? Hire an attorney and commence suit immediately.
Answered on Mar 24th, 2013 at 6:18 PM
I am concerned because you mentioned two years, and I hope you have already filed a lawsuit. If not, do so immediately if the two years since the accident has not expired. You should push for more compensation for your permanent disability.
Answered on Mar 24th, 2013 at 6:02 PM