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Legal Advice Needed - Car Accident

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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 01:52 PM
Original message
Legal Advice Needed - Car Accident
My daughter totaled her car last night; I was the passenger. She's fine, but I spent the night in the ER - no broken bones but was sent home with a sprained nack and back, now in incredible pain with numbness in my left arm.
We were approaching an intersection, a truck was sitting in the left-hand turning lane on the opposite side and for whatever reason, turned in front of my daughter - she couldn't stop. We smashed into the truck going about 45 mph, my side got the worst of the impact. The occupants of the truck were teenagers and there are questions about substance abuse. We had a witness who stopped and gave a statement.
I've never been in a situation like this and don't know the first thing about what I should do. I think I need an attorney and further medical treatment. Any advice/tips on how to handle this are greatly appreciated. I can't even think straight right now thanks to the lortab and flexeril.
Sucks.
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Moderator DU Moderator Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 01:55 PM
Response to Original message
1. Unfortunately DU is not the proper place to turn for legal advice
Sorry to hear about your accident - hope you will both recover.

Your instinct to contact an attorney is correct. I would suggest also to write down all your observations while they're still fresh in your mind.

But, as mentioned, DU does not (and cannot) give out legal advice, and we would not suggest soliciting it from anonymous members. Please do contact an attorney in the next 48 hours.
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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 01:57 PM
Response to Reply #1
3. Thank you for the info
I apologize if my post is inappropriate - I feel so helpless right now though. I plan on contacting an attorney in the morning.
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Chicago Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 01:57 PM
Response to Original message
2. Get a good lawyer! GET BETTER!!! (pray for you)
:)
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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 01:58 PM
Response to Reply #2
5. Thank you! n/t
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gnofg Donating Member (502 posts) Send PM | Profile | Ignore Sun Mar-27-05 01:58 PM
Response to Original message
4. Did they get a ticket
If so the Insurance companies will fight it out with you getting paid for everything. The big problem is your car's bluebook value will not be anywhere near it's value to you. You can also claim pain and suffering. Do not settle without a lawyer.
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rwenos Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 01:59 PM
Response to Original message
6. Friend, Call an Attorney
Edited on Sun Mar-27-05 01:59 PM by rwenos
I'm a member of the California Bar, and cannot give you anything other than general advice. I would say this to anyone who asked your question, and it's based on 14 years' experience practicing personal injury law, both plaintiff and defense:

My most important and urgent advice:

1. DO WHATEVER YOUR DOCTORS ARE TELLING YOU TO DO ABOUT YOUR PHYSICAL CONDITION.
2. TAKE PHOTOS OF THE CAR FOR LATER USE BY LAWYERS, INSURANCE ADJUSTERS AND THE COURTS.
3. CONTACT AN ATTORNEY IN YOUR HOME STATE AS SOON AS POSSIBLE.

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Avalux Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 02:05 PM
Response to Reply #6
8. Thanks
My daughter is out taking photos of the car right now. We've take some of my back because I have swelling and bruising from my shoulders up through my neck. The x-rays don't show that. I will call an attorney first thing tomorrow. :hi:
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bilgewaterbill Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 02:01 PM
Response to Original message
7. Spend your available time finding the best atty possible.
All the advice you will receive will come from him/her. Your choice will be the most important one you make. Do your homework.
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ima_sinnic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 02:06 PM
Response to Original message
9. personal injury lawyers are a dime a dozen in the phone book, but
try to get a more modest, smaller one. In my husband's 3 workers comp and 1 car accident case we have been lucky, using the same lawyer each time who has a very Democratic and nongreedy outlook--well, nongreedy toward the client but out for however much could be gotten from the insurance company. The big-name ones are often so big and impersonal that they are inaccessible and sometimes you will even get a secretary giving advice over the phone as she tries to find a time slot somewhere in their busy schedule. Then they charge for every minute of phone or e-mail conversation.

These guys (or gals!) charge a percentage of the final settlement. Conmparison shop, or ask around for recommendations if you can find anyone else who has been to one, get their terms. They charge only if you are awarded something so you don't have to pay anything up front, which is nice, but their final terms can sometimes be greedy. Maybe there are caps on this that vary from state to state or something, I don't know.

I am so sorry to hear about your accident and glad that it wasn't any worse. Do try to get as much treatment and money as you can because the insurance companies are pure swine greedheads who will do everything they possibly can to avoid paying out anything. Insist on every test and therapy you can possibly get. At some point your doctor will do an evaluation of the impact of the accident on your future physical abilities, that is where a settlement is determined.

Also, hopefully these kids were covered by adequate insurance. I heard from my insurance agent that there are a surprising number of people running around with no coverage. Here in Florida they do have Personal Injury Protection that covers that contingency, and I also have uninsured motorists coverage after losing my car in an accident with an uninsured driver.

This is my narrow, insurance-consumer view. Maybe there is a lawyer here at DU who can be more specific and helpful.
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Pepperbelly Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Mar-27-05 02:06 PM
Response to Original message
10. don't sign ANYTHING until you get an attorney! nt
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