Can anyone help?

[Badger]

I am asking this in the faint hope that someone might be able to give me some advice. I apologise in advance for the long post. The story is as follows: In April last year my wife and I were stationary in a queue of traffic on Palm Avenue, San Diego, California, we were looking for somewhere to go for lunch. The vehicle we were in was a Ford Windstar hire car. After a few seconds we were hit in the rear by a girl driving a BMW, the impact was at high speed, about 35 m.p.h. according to witnesses. Our car was pushed forward and the force of the crash was enough to 'write off' the hire car and the BMW. My wife ended up in hospital and we both suffered whiplash and back pain. The experience really ruined our holiday and we ended up seeking medical advice when we got back home. Fortunately we had adequate insurance and other than the excess all our medical bills were paid. The insurance company also paid for a firm of solicitors (British based) to follow up a claim for compensation, both medical and the ruination of the holiday. This morning we received a letter from the solicitor stating that they were backing out of representing us because even though we were entitled to compensation the cost of recovering this would be too much. Seems like the British based company doesn't want to know. What I need to know is do any of you good people have any experience of dealing with American solicitors?
We are thinking of instructing a US firm to deal with this matter for us. Any help would be appreciated, we are not in the position to be able to afford US holidays very often and we were only a couple of days into the holiday when this happened. Thanks....

[Nostromo]

Badger, First off I really feel sorry for you that you should have gone through this experience. I have had one indirect experience with a New York solicitor, but this was for a potential divorce case where a friend was involved. I know it is a far cry from an RTA case like yours, but it struck me that US solicitors tend to go all out in a case if they know that it is winnable. But from what you have stated, it certainly seems like it was the other woman's fault; but being American, she was probably more savvy with the US legal system and picked a strong lawyer to defend her own case; this lawyer probably asked too many awkward questions to your British solicitor, giving them the impression that it was not worth their while, especially if they did not win.

I think it is worth exploring this case with a US lawyer who knows the system better, including loopholes that might work in your favour. If you choose someone who is an expert in Traffic Accidents, he/she might decide that you have a strong case given the circumstances and agree to take it up. The only thing is to check with your insurance company how far they are prepared to go if you take the case to a US solicitor.

Hope this helps.

[Badger]

Thanks for the response Nostromo,

I think that you are very probably right!! I will try and get hold of a US solicitor who can look into the case for me. My insurance company have made it very clear that they will no longer represent me so I'll have a look for a 'No win no fee' company in the USA and write to them for advice.

Thanks again for the advice..

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by Badger
My insurance company have made it very clear that they will no longer represent me so I'll have a look for a 'No win no fee' company in the USA and write to them for advice.

Thanks again for the advice..
[/quote]

You're welcome and hope that everything works out. Have your insurance company made it clear in writing as to why they can no longer represent you? If not, ask them for a letter. If you use an American lawyer, he/she might need every supportive document that you can get hold of.

[ctgirlscout]

The only problem with American lawyers in a case such as this, is they take a large percentage of whatever they win for you. Don't know if your solicitors do the same. My MIL was involved with a personal injury case long distance--she lives in New Mexico, and she got hurt in Connecticut while visiting us--and by the time she paid off the attorney's percentage and all their expenses, she was left with next to nothing.