Personal Injury Question
Jeff Tucker
accident today (Kalamazoo, MI), and had some questions. My 2 co-workers and
I were stopping at a red light, and our car was struck hard directly from
behind by a Rent-a-Center truck, which was the size of a ryder moving truck.
The driver of the truck claimed that he used the brakes, but nothing
happened. All three of us in the car sustained neck and back injuries (I was
riding shotgun), which were enough to get medical xrays and medication at a
health center after the report was filed.
Pardon my ingnorance and this may seem like a no-brainer, but this was my
first accident. Does this sound like negligence on the company's part??
Should I consult with a lawyer, or wait for the company to contact me about
a settlement? What if I can't afford a lawyer, but have a reasonable
case???? Any help on civil law would be most appreciated.
Sincerely,
J. Tucker
Kalamazoo, MI
Mjacobslaw
>Hello, I have a question for any lawyer. I was the passanger in an auto
>accident today (Kalamazoo, MI),
<snip>
> Does this sound like negligence on the company's part??
That is *not* a no-brainer, it is a good question. Proving negligence depends
on a lot of things and is not always easy. In your case, the driver's
allegation of brake failure may be used at trial to show that he was not
negligent, but that the rental company was. OTOH the rental company may offer
proof that its truck worked just fine, and that the idiot they rented it to
didn't apply the brakes in time. If the defendants both get the jury believing
their stories and exonerating them, you may wind up with no one left to blame,
and can lose your case. Bottom line, don't waste time before you call a lawyer
who can take statements from witnesses, pin the facts down and help prove your
case. Not only that, a lawyer will advise you of what elements of damages you
are entitled to claim -- and, more importantly, what his professional
experience and opinion leads him to believe your case might be worth for
settlement purposes, or in front of a jury. The friendly, helpful insurance
adjusters would like nothing better than for you *not* to consult a lawyer so
they can offer you a lowball settlement and let you feel like a winner even
though you are being taken to the cleaners for a fraction of what your case is
really worth. Even after paying the attorney fee, you are likely to come out
much better with a lawyer than trying to negotiate a settlement yourself
without one.
>Should I consult with a lawyer, or wait for the company to contact me about
>a settlement? What if I can't afford a lawyer, but have a reasonable
>case????
Anybody who is injured and has a good case can afford a personal injury lawyer.
Almost all the lawyers who handle car crash cases will represent you on a
contingent fee, which means they take a percentage of the money they win for
you, and they don't get paid unless and until you do. The very best attorney
in your town costs no more than the average one. Ask friends and neighbors who
have been in a car crash or made any other kind of injury claim, who they hired
to represent them, and whether they would recommend that lawyer again. Or,
talk to any lawyers you know, even if they don't do personal injury work, and
ask them who they think are the best personal injury lawyers in your town. If
you keep asking around you will find the same few names cropping up time and
again. Call one of them and set up an appointment as soon as you can. You
won't regret it.
My comments are for discussion purposes, not professional advice;
I am not your lawyer and you are not my client in any specific legal matter
Mjaco...@AOL.com
W. Michael Jacobs, Esq.
10440 Little Patuxent Parkway
Columbia, MD 21046 USA
410-740-5685
robe...@ispnet.net
attorneys right away -- today, if possible. Most, if not all, will see
you for free for an initial consultation. And, most, if not all, will
take the case on a contingency basis -- meaning that they deduct their
fee from any settlement. Most charge about the same percentage of the
settlement. I would look for a Certified Civil Trial Attorney who does
personal injury work. They charge essentially the same (a percentage of
the settlement) and that certification at least means they have
demonstrated a certain amount of previous trial experience and other
legal experience. My personal preference is also to find a small
practice -- maybe 1 to 4 lawyers in the group -- rather than a huge law
firm. I am not an attorney, so this is purely my non-attorney viewpoint
based on my own experience.
You may find that after talking with several attorneys, the reality is
that the value of your case is not that high. That might be true if you
didn't really suffer any significant "damages". But, you should talk to
some attorneys to get a better idea of where you stand. Also, I
wouldn't worry so much about whether it's the driver, or the rental
company, or the truck manufacturer, or the company that repaired the
truck that is liable. An attorney would probably sue them all and let
them (and their respective insurance companies) fight it out among
themselves.
Good luck.
Bitz & Clinton, P.S.
If the truck had faulty brakes you need to have the truck evaluated before they
can alter the configuration of the truck or the brakes. It may be there is
nothing wrong with the truck and the guy that hit you is fabricating.
Good luck.
The aforegoing is my opinion based upon the facts presented. It is not intended
to be legal advice nor should it be construed as inviting an attorney-client
relationship.
mjc
Jeff Tucker wrote:
> Hello, I have a question for any lawyer. I was the passanger in an auto
> accident today (Kalamazoo, MI), and had some questions. My 2 co-workers and
> I were stopping at a red light, and our car was struck hard directly from
> behind by a Rent-a-Center truck, which was the size of a ryder moving truck.
> The driver of the truck claimed that he used the brakes, but nothing
> happened. All three of us in the car sustained neck and back injuries (I was
> riding shotgun), which were enough to get medical xrays and medication at a
> health center after the report was filed.
>
> Pardon my ingnorance and this may seem like a no-brainer, but this was my
> first accident. Does this sound like negligence on the company's part??
> Should I consult with a lawyer, or wait for the company to contact me about
> a settlement? What if I can't afford a lawyer, but have a reasonable
Angello Huong
>Hello, I have a question for any lawyer. I was the passanger in an auto
>accident today (Kalamazoo, MI), and had some questions. My 2 co-workers and
>I were stopping at a red light, and our car was struck hard directly from
>behind by a Rent-a-Center truck, which was the size of a ryder moving truck.
>The driver of the truck claimed that he used the brakes, but nothing
>happened. All three of us in the car sustained neck and back injuries (I was
>riding shotgun), which were enough to get medical xrays and medication at a
>health center after the report was filed.
>
>Pardon my ingnorance and this may seem like a no-brainer, but this was my
>first accident. Does this sound like negligence on the company's part??
>Should I consult with a lawyer, or wait for the company to contact me about
>a settlement? What if I can't afford a lawyer, but have a reasonable
>case???? Any help on civil law would be most appreciated.
I definitely agree with the followup messages on your question. If
you were hit while standing at a red light, then there must be SOMEONE
who was negligent somewhere: either the driver, the company who didn't
adequately maintain the brakes on the truck, and/or the manufacturer
of the truck through a defect in the design of the braking system.
Contact an attorney as soon as possible and make sure to write
plenty of notes on all the details you can remember, collect all
documentation you can (police reports, insurance papers, etc.). You
never know how much of this stuff you'll be able to remember if the
litigation drags on for a couple of years and your memory of the
accident starts to fade away.
On a side note, even though most personal injury lawyers will take
the case on contingency (i.e. they don't get paid unless you do),
check to make sure exactly this covers. Even though you might not
have to pay their attorney fees up front, you still may have to foot
the court costs and other normal administrative costs for filing your
claim, getting copies and transcripts, etc.
Angello Huong
ahu...@fast.net
Pongado
DakotaTia wrote in message <19990626212616...@ng-fl1.aol.com>...
>contact an attorney if you want,but remember this. the attorney,doctors and
any
>special investigaters,expert wittinesses wil make most of the money that is
>awarded in the case. this means that if the settlement is $20,000 in your
soft
>tissue injury case,after all the others are paid first, you will likely net
>yourself about $ 7,000 0r $8,000. good luck. don't be fooled by an attorney
>salesman tactics. watch every move they make OR DON'T MAKE..