local atty or atty local to accident

Discussion in 'Experienced Truckers' Advice' started by bigdad7, Sep 11, 2013.

  1. bigdad7

    bigdad7 Road Train Member

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    Ok had an accident in cali but i,m based out of ks looks like my back is hurt pretty good.....,should i retain counsel closer to me or the accident of course both sides of border are interested
     
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  3. eiloen

    eiloen Bobtail Member

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    according to an attorney in the family, you will need an attorney LICENSED to practice in the state in which the accident happened.
     
    Tonythetruckerdude Thanks this.
  4. Tonythetruckerdude

    Tonythetruckerdude Crusty Deer Slayer

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    Hurt in company truck/ or your own vehicle , if a company truck report the accident and go to a DR. , let your companies lawyer handle it ..if it wasn't your fault , if it was your fault hire your own lawyer....but get your back checked out 1st! , if your own vehicle get a lawyer local to you in Ks.
     
  5. Tonythetruckerdude

    Tonythetruckerdude Crusty Deer Slayer

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    Good advice here...listen to this poster..ignore mine.
     
  6. striker

    striker Road Train Member

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    In '01, when I had my accident in Arlington, Tx., I hired an atty. in Arlington to handle the traffic case, the companies insurance atty. handled everything else. In this case, you need to hire an atty. in Cali., they will most likely coordinate with an atty. local in your area, vs. travelling back and forth.
     
  7. bigdad7

    bigdad7 Road Train Member

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    Compression fracture in back....other driver 100% at fault with witness,s .....guess ill sign with atty in cali then and was my truck
     
  8. STexan

    STexan Road Train Member

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    Why don't you let your insurance company take the lead? I understand it was not your fault but that's part of why you pay insurance is to use them in the event of an accident and for legal purposes to represent and guide you, irregardless of who's at fault. They're probably going to get involved anyway somewhere down the line and they'd prefer to be notified and get involved from the beginning. (Assuming you're working with a large, reputable insurance carrier, the others? maybe not so much)
     
  9. bigdad7

    bigdad7 Road Train Member

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    Insurance is large but only interested in carrier liability not my injuries their words .....they are going after physical damage though and occ acc is being a pain because of 14 year old surgery to other part of back
     
  10. rwdfinch50

    rwdfinch50 Medium Load Member

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    That would be a mistake to let the company attorney handle it. His job is to recover losses for the company. His position will be that you have workers comp for your losses.
    I was in a serious accident in Ohio on I 70 in 2005. As soon as I got home to Pa I hired a personal injury attorney in my home town in Pa. The company I worked for is from New Jersey. the company the for driver that ran into me was from Indianapolis.
    In short, in less than 3 years, I settled for $425,000. I also got them to reimburse the workers comp carrier for all they put out on my behalf, which was over $38,000. When my attorney contacted the workers comp carrier, they settled for half, or $19,000. So, in the end, I received $425,000 minus 33% for the attorney fees plus $19,000. If I had let my company handle it, all I would have received was my workers comp. The attorney for my company recovered what it cost for the company's losses to their equipment.
    As you can see, I did not hire an attorney from Ohio. My attorney in Pa hired one himself, and paid for it out of his 33% proceeds.
    I hope this helps you. One more bit of advice. Be patient. The other insurance company will try to low ball you in hopes you settle. My first offer was $94,000. it was tempting to accept it, but I'm glad I waited. It only took about a year longer, but it was worth it.
     
    Last edited: Sep 11, 2013
  11. luvtotruck

    luvtotruck Road Train Member

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    Good advise! I hope you get what you deserve. Good Luck Get well soon. Stay patient and wait the waiting game.
     
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