Reno, TX Personal Injury Law Firms & Lawyers

It appears that the defendant's attorney can assert that the collision would not have happened without your negligence: the defendant's car was stationary, and you hit it because you did not see it in time (the language the defendant's/insurance company's attorney will use will be "not paying attention to the road while driving at excessive speed"). It does not matter whether this argument is fair or a total BS, your opponent will milk it dry - and might convince the court. Depending on where the accident occurred, in New York or in New Jersey or Connecticut, your negligence might reduce the damages you can recover or, if the jury finds you >51% at fault, bar any recovery. When you "go after" the person who caused you harm, in effect, you go after her insurance company; and you can be sure that the insurance company will have an attorney defending it's money. So, even in a clear cut case, getting a decent settlement is not a do-it-yourself project. Under your circumstances, retaining an attorney as soon as possible seems like a very good idea.

There are a lot of facts that are not filled in here. However, provided everything else checks out, it would appear that your wife sustained damages and injuries due to the negligence of the store and therefore she would be entitled to recovery of some sort of damages. It would be wise to discuss this matter with an attorney in your area as it appears that you definitely need legal assistance.

I can only answer some of your questions. Your "Question" and the "Question Detail" are not very similar so it is hard to answer your actual "Question." To try and answer your actual "Question" the "fair amount" is what the medical provider is willing to accept from the "insurance" company as full payment less any co-pays or deductibles. For example, a medical provider may charge $100.00 for some service. The insurance company and medical provider may have a contract in which the insurance company only has to pay $80.00 to the medical provider. An insurance company may not have a contract but still may be able to get the medical provider to accept less. I am not licensed in Arizona so I cannot answer any questions about the law there as it relates to paying back your insurance company. However, assuming your insurance policy is governed by Nebraska, you likely have a contractual duty to repay your insurance company. Your insurance policy probably has provisions regarding "reimbursement" and "subrogation", which are legally different, but basically have the same meaning, which is, that if you recover from a third party (including an insurance company), you have to repay your insurance company. However, you would have to check your policy to see what effect, if any, if what the other insurance company is saying about Arizona law (not having to repay your insurance company) is true. This would depend, in part, on the specific language of your policy. I cannot answer the question whether "$2622" is a fair amount to settle your case for. I would need to know a lot more about your injuries and damages. Lastly, as to your "legal obligations as far as my medical expenses" you have a legal obligation to pay your medical providers. They provided you a service and are entitled to be paid. They do not have to wait until your settle your case to receive their money. They might be willing to wait but they do not have to. This response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.