QUESTION

Should I deal with state farm personally or should I hire an attorney to take care of this claim?

Asked on Jan 04th, 2013 on Personal Injury - Indiana
More details to this question:
I went Christmas shopping at Wal-Mart for my kids on Dec. 16th. As my boyfriend and I were headed out of the store a car was driving recklessly in the parking lot. A gentleman told him to slow down n the man decided to slam on the breaks, get out of his car, and started pushing and hitting this other guy. I got on the phone with the police department and about that time the fight was breaking up. I walked to the front of the manโ€™s car to get his license plate number for the police department. He got in his car shut his door and slammed on his gas pedal resulting in hitting me head on. I landed on his hood when he put the break on and reversed and I fell to the ground. I was taken to the hospital by ambulance and he was arrested for Reckless Driving. There were no broken bones just a lot of contusions, sprains, and spasms. They also found a small amount of blood in my urine. The referred me to a primary to check urine and ortho doctor for the damage done to my left side. Went to primary about a week after accident and the blood in the urine was gone. I have my appointment with ortho dr on Monday. The pain has not let up, I have been taking a muscle relaxor at night and pain pills to get my through the night and some days that still is not working to make it okay. I am a stay at home mommy to two wonderful autistic children and it has made our life a living hell since this has happen.
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23 ANSWERS

NA richard@jandjlaw.com
I recommend that you consult with a lawyer who handles injury cases. You have no leverage in trying to deal with an insurance company on your own. Generally, even after paying the lawyer the contingent fee, you are still going to do better net in your pocket with a lawyer than trying to negotiate the claim with the liability adjuster. Again, you have no leverage on your own.
Answered on Jan 10th, 2013 at 12:32 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your real problem is that there is no insurance coverage for a deliberate act such as assault with a motor vehicle. Coverage is for negligence, carelessness. I suggest you see an attorney before you do or say anything to State Farm. They will crook you if they can.
Answered on Jan 10th, 2013 at 12:31 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I did not have to spend much time on this to conclude that you most definitely should contact a personal injury lawyer in your area. Here's why: The old saying is: "He who acts as his own lawyer has a fool for a client". The reason for that saying is that this is a tricky business and there is no room for do-it-yourselfers. Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. You have described a complex event and you are up against professional insurance people, lawyers who know what they're doing and rules upon rules upon rules that you don't know anything about. Specifically, you mentioned State Farm. I could give you a whole editorial about them. Look at it this way: If I have negotiated hundreds of personal injury claims over the last three decades, and you've never negotiated one, which one of us do you think would be able to do a better job? In your situation, retaining a lawyer is the best chance to get the right result
Answered on Jan 10th, 2013 at 12:30 PM

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You can do either. Try to deal with State Farm on your own. If they give you the run around, or do not take you seriously, you may want to consider retaining legal assistance.
Answered on Jan 10th, 2013 at 12:29 PM

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You should hire an attorney; you might also get restitution at his criminal trial.
Answered on Jan 10th, 2013 at 12:29 PM

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What you describe was, definitely, not a "reckless driving" but an intentional act that should have been charged as an aggravated assault with intent to cause grave injury. It is likely that an insurance company will not cover the incident. Even if the insurer agrees to pay, it will offer you a paltry sum because you haven't suffered any readily quatifiable damages - you have not lost any earnings because of the injury, you did not have significant medical expenses, etc. On the other hand, if you sue the driver in civil court for assault and intentional infliction of bodily harm, the judgment for such an outrageous behavior is likely to be substantial. I would recommend retaining an attorney and suing the driver. You should have no prooblem finding an attorney who would take the case on a contingency basis (meaning that you would have no out-of-pocket expenses, and the attorney would take a percentage of the award or a settlement you will win).
Answered on Jan 10th, 2013 at 12:28 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It is too early to tell. If your injuries resolve 100%, it would not be unreasonable to settle the claim yourself. If the injuries are permanent, I would recommend getting a lawyer. If State Farm wants to interview you, or wants you to sign papers (they often want you to sign an authorization for them to obtain your medical bills) you are within your rights to say no. You might want to tell them you are still under a doctor's care and will contact them when you are through with treatment. It will not necessarily hurt your case to co-operate with them in these things as they will eventually get your records anyway, and if you sue, they can interview you in a deposition. However, some attorneys prefer to make them get the records and interview in official discovery in a lawsuit. I generally recommend that individuals wait until they know their prognosis before getting an attorney. If they completely heal, they can usually handle it themselves. If you refuse interview, and refuse to sign documents, it is still OK to describe your condition give them and estimate of what your medical bills are to date. They must set reserves of money aside in every case which they cannot invest and they need some information to set reserves Information on what to consider in settling a case appears below: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached
Answered on Jan 10th, 2013 at 12:25 PM

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As a former insurance adjuster, I can tell you that you almost always do better with an attorney than without. You should consult with an attorney ASAP.
Answered on Jan 10th, 2013 at 12:22 PM

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Thomas Edward Gates
Because of the injuries and complexity of your case, you should retain an attorney.
Answered on Jan 10th, 2013 at 12:21 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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What would it hurt to talk with an attorney. You really need to talk with a local attorney to get a feel for what you should expect in a recovery.
Answered on Jan 10th, 2013 at 12:19 PM

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Personal Injury Attorney serving Palm Harbor, FL at Morgenstern & Herd, LLC
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Be careful. The at fault driver's insurance company will not pay for your damages If the at fault driver hitting you was intentional, as opposed to merely negligent/careless.
Answered on Jan 10th, 2013 at 12:17 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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You aren't likely to get fair value for your case without a lawyer.
Answered on Jan 10th, 2013 at 12:15 PM

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Hire an experienced personal injury lawyer. Recognise, though, that 'soft tissue injury' generally means smaller damages to you. Juries want to hear about broken bones and lots of blood before they are willing to make large awards.
Answered on Jan 10th, 2013 at 12:14 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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The difficulty is State Farm, assuming that is the at fault party's carrier, will likely deny any claim against his insurance b/c his action in running into you was arguably intentional and insurance does not cover intentional acts. If he defends the criminal charges by saying he didn't see you then you may have a negligence claim against him. Would make sure you are in touch with the District Attorney's office in the county where it happened b/c the judge can order restitution, meaning payment of your medical expenses in connection with the criminal case. However, they do have a victim's rights assistant who I would get in contact with through the DA's office.
Answered on Jan 10th, 2013 at 12:11 PM

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Automobile Accidents and Injuries Attorney serving Santa Ana, CA at Law Offices of Maurice L. Abarr
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If you want less stress in your life and a better recovery, hire a lawyer. Sounds like a good case. Don't wait on getting the lawyer. Management of the medical attention you receive will have some impact on case value.
Answered on Jan 10th, 2013 at 12:11 PM

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Business Attorney serving Newport Beach, CA at NextGen Business & Wealth Preservation
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As you describe it, it sounds as if this person intentionally hit you, correct? If that is so, you would want to sue him and seek punitive damages. It usually not good advice to have you resolve it with the driver's insurance company by yourself. Have you given them a statement? Also, if he was cited for reckless driving, did the police interview you? If so, was any report made by the police concerning his committing battery on you?
Answered on Jan 10th, 2013 at 12:10 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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You absolutely need to hire an attorney. Everything you say to the at fault driver's insurance company is being written down or recorded. They are not on your side and will do everything to minimize your case.
Answered on Jan 10th, 2013 at 12:09 PM

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Car Accident Attorney serving Carrollton, GA
You should hire an attorney. Sounds like State Farm might try to limit your recovery by denying coverage because it was an intentional act.
Answered on Jan 10th, 2013 at 12:08 PM

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I would suggest that you hire an attorney from the beginning.
Answered on Jan 10th, 2013 at 12:07 PM

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Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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I highly recommend that you do hire an attorney, and soon. Given how very difficult insurance companies & their adjusters can be to deal with, and everything that you have already gone through & continue to go through, you should definitely have an attorney handle State Farm, while you concentrate and getting better and taking care of your two kids. And, remember that, since some attorneys, like myself, offer free consultations, you have absolutely nothing to lose by calling and talking to one.
Answered on Jan 10th, 2013 at 12:07 PM

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You need a lawyer to help you. This is a case that may involve punitive damages so you might as well have someone between you and the insurance company. Probably you have hematuria. You should follow up with your treating doctor.
Answered on Jan 10th, 2013 at 12:07 PM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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I suggest you retain an attorney to ensure the best possible outcome.
Answered on Jan 10th, 2013 at 12:03 PM

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Abe Lincoln famously remarked, "A lawyer who represents himself has a fool for a client." Personal injury attorneys are adept at getting you maximum compensation for your claim. You should contact a lawyer.
Answered on Jan 10th, 2013 at 12:00 PM

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