Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
When they send an offer, how is the offer calculated? is it based on the Personal Injury liability insurance (25K) from my car insurance?
I do not have worker's comp so this IME doctor's appointment is not from my employer or worker's comp.
This IME doctor's appointment is from defense counsel that scheduled this liability IME appointment.
Do you mean if there cannot be an agreement, then one may have to file suit as goto to trial?
My lawyer recently told me things are moving along and he asked me if the car was repaired by the other defense party and if all the medical bills were paid.
But some of the medical bills were not paid by nofault insurance because nofault only paid a portion of the balance of the medical bill so do I mail the copies of the bill to my lawyer?
My lawyer should of received a copy of each medical bill that was either fully paid or partially paid by no fault insurance. But I just want to make sure if I should mail it to my lawyer?
But my lawyer should of received a copies of each medical bill that was either fully paid or partially paid by my no fault insurance. Then why do I have to mail it to them?
That means my lawyer should have a copy of all of bills and I should not be worried about it as they are getting paid 33.3 % of share and it's their job to be organzed and file all the important data so that they analyze the settlement amount!! But I just want to make sure if I should mail it to my lawyer?
I went to the IME doctor's appointment and the doctor that examined me forced me to stretch side to side and backward forward and bend down all the way, is the doctor supposed to ask me how much can I bend up to what comfort level due to my pain/injury caused by the auto accident?
Also, the doctor tried to trick me in taking a xray for my back and neck and all my attorney said was to just take an physical orthopetic examination?
I meant that the doctor used his hands with force to stretch me out in many directions (backwards, forwards, sideways, and etc). The physical checkup supposed to be the patient strectching themselves to what level they can do it (Not the dcotor using his hands with force to stretch you).
And I did decline the xrays for the neck and back.
But I went to many no fault physical exams and the doctor would not force you to get stretched out but he would ask you does this hurt and bend down to the farthest level that you possibly can with no pain instead of the doctor putting force on you to stretch you out. The way this exam was done was very not consistent results for the exam checkup!!
What is biased mean? This doctor was paid and chosen from the defense counsel attorney becuse I do not have worker's comp.
After the IME appointment is completed, do you know what is the next steps to expect in this stage of the auto accident case?
Approximately how long does it take to finally reach a settlement offer for this case to be finalized?
Do I anticipate to have to approximately wait for another 3-4 months for this auto accident case to be settled and finalized?
If the other party(defendant)wants to go to trial, doesn't he have to pay more fees and expenses for his attorney when in fact it is his fault of the auto accident?
I do not think it favors the other party to go to trial because he ends up with a costly expenses for paying for the laywer to fight in trial in a long battle.
This is the fault of the defendant and even the police accident report indicates it and the defendant even admitted his mistake of hitting the other party from behind. The fact that the defendant did not even have auto insurance at the time when he hit me behind and is over 86 years old of age, it is not beneficial for him to go to trial against me as this is his fault as mentioned above.
Perhaps the defendant is attempting to "stretch out" the ordeal with the specific intent to exaust you from pursuing this and it seems to be working, at least a little as you seem to be getting a little anxious for this to end, which is what they may want so as to talk the matter down to a lesser settlement.
No actually I have been waiting for over 3 years now and I actually don't mind waiting any longer. I have a right to understand and know the time frame of what to expect at this stage of the case. It doesn't mean that I can't wait just because I ask questions of how long it will take?
Of course not. I did not mean to insinuate that you were impatient. I was merely stating that this may be a tactic by the defense to stall the matter for as long as they can to make it inconvenient for you to keep waiting and perhaps encouraging you to settle. This does not mean it will work. I was merely explainig that some parties may try to use this tactic. No insult was meant at all. Anyhow, if there is no settlement, the next phase of the matter would be TRIAL. But I am afraid I cannot predict when this will happen, or, if there is settlement, how soon this will be.
Yes I understand what you mean. My lawyer also told me this is a defense tactics that the other party are using which is why it took over 3 years for them to go and show up to their deposition.
No matter what I will wait patiently for my best interest and outcome a my lawyer told me that truth will prevail and my case is moving along and it should be finalized very soon.
Thank you for your assistance and have a great weekend.
Ok, thanks and you do the same.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).