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Old 08-04-08 | 03:54 PM
  #184  
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kokomo61
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Joined: Nov 2006
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From: Herndon, VA

Bikes: Giant OCR C2, Kona Jake the Snake, Scattante 650-R

Originally Posted by brooklyncyclist
I agree; you should have a lawyer if you don't already. If you go to your hearing without one they will try to walk all over you. A lawyer on your side will help you get remuneration for damaged equipment, hospital & medical costs (including PT), maybe even punitive damages.
I've already asked the town attorney (that's who's prosecuting the traffic citation) if I need an attorney for this hearing....since I'm only a witness (as far as the court is concerned), and not a defendant, I should not engage an attorney.

Again, the hearing on the 18th is for the guy's traffic citation, which is for the Failure to Yield ticket. I've got evidence that rebuts his version of events (whatever it turns out to be).

I'll be talking to an attorney about the PD settlement offer - which takes care of my damaged equipment - and even though it states it clearly in the settlement offer, make sure that I'm not signing away my right to PI damages.

I have 24 months from the date of the accident to file a PI suit, so I've got time. My car insurance is paying my medical bills, so I'm not out of pocket for that (just for the replacement bike, until the PD claim is settled.) As far as the PI claim is concerned, Once my doc 'releases me from treatment' which means that I'm either completely recovered, or I'm as recovered as I'm going to get, then it's likely that his insurance company will make an offer to settle. At that point, I'll talk more extensively with the PI attorney candidates to see if the offer is fair. If it's not, and if I'm confident they'll recover more than I can on my own (minus their contingency fees), I'll file a suit.
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