I have a lawsuit that is in the process of happening. My lawyer say's to me that he just cant give me a estimate of the amount I could be awarded because every case is different and so on . For all purposes intended,.. lets say my case is very strong and I was at a casino and by security false imprisoned, put in handcuffs ( defemation of character) , threatened and harrassed, assaulted ( 2 protruding discs in neck, and torn meniscus in knee which I am having surgery) caused by the assault. On disability for over 2 months now (lost wages), going to doctors a few times a week. Past Present and Medical bills ( seeing chiropractor 3x a week for neck) . Can anyone give me some sort of ball park figure of what I "could" see as a fair settlement , or if it went to trial
I like your lawyer. Nobody could give you a fair estimate based in these facts. If I have one criticism, I'm not crazy about your treating with a chiropractor rather than an orthopedist, neurologist and/or pain management specialist. Chiropractors are just not taken as seriously by juries as MDs and DOs.
It's difficult to make value determinations from a short post. There are too many factors to consider to evaluate the claim. The best way for you to get this information is to consult with a local personal injury attorney and have him or her review all key information regarding your case. In almost all situations you will receive a significantly higher settlement if you are represented by an attorney.
The information you provided helps in determining value. However, it sounds like your treatment is ongoing. Through obtaining documents and video and conducting depositions, you will learn a lot about not only how strong your case is, but also how a local jury is likely to view the case. While my initial value assessment on personal injury cases is usually pretty good, some cases increase or decrease in value significantly once all the facts and testimony are flushed out. Speak with a reputable local attorney and they should be able to give you a wide ranging ballpark figure, but probably nowhere near a precise number you should rely on. There are simply way too many variables. Good luck!
You have a very substantial claim. I am assuming this did not occur at a casino owned by one of the federally recognized IndianTribes, ie. Mohegan Sun ,Foxwoods, etc. if it did occur at an Indian owned casino, you would be subject to their tribal laws which is not a good thing. Assuming it happened at a private or publicly traded casino, the value of your rather serious injuries, coupled with the bad publicity your case would have on the casino's reputation must be fully evaluated as major factors in determining what compensation you could receive. The injuries alone, coupled with adverse media attention should you not be offerred a significant settlement, weigh heavily in your favor. Your attorney's advice that a value, at this time, can be estimated is accurate and honest. You might consider giving the casino and the security entity that employed these thugs( if they were not employed by the casino, you would have a separate claim against them as well) a single opportunity to negotiate a settlement you will be happy with. Remember, until the full extent of your injuries are known and until your medical prognosis is understood(and your lost income, need for future medical care are fully understood, you should withold trying to rush into a settlement dialogue. I wish you well.
If your injury was at a casino on an Indian Reservation, you may have a serious problem. For example, it may be a federal enclave and is not subject to the laws of New York. It would then be tribal law as legislated by their council and it determines how you can sue, what the limit of damages is (often $10,000 maximum!) and so forth. Otherwise, I go along with all the other attorney's opinions that you can't tell what you'll get until you get there.
Smart and ethical lawyers do not speculate the value of a case especially before the extent of the injuries are determined and treatment has been completed. Generally in my 25 plus years of experience only desperate attorneys trying to excite and keep a client will do that. So I have respect already for your attorney. Understand this will be a long and difficult process. The casino will fight hard and your lawyer will be put to the test. Be patient and do not count any money just yet. In the end if the facts are as you describe and your injuries and loss of income are able to be proven you will get a substantial settlement or jury verdict. But as you know , the casinos are not in the business of giving out money.
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