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Can anyone shed some light and give me a ballpark figure on how much I could be potentially awarded compensation?

Medford, NY |

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

Attorney Answers 10

Posted

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.

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Posted

Your post suggests to me that you have a responsible attorney.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

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.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are based on New York practice. We have no attorney-client relationship. conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. I may be contacted at 212-553-9300.

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2 comments

Asker

Posted

Really..wow I didnt know that.. Well I am being treated by my orthopedic for me knee right now, actually having surgery on my knee on tuesday, I have seen a neurologist ,about numbness in my shoulder and neck, but he said that the test dont show anything. I guess after my surgery on my knee I will talk with my orthopedic about my neck and shoulder as well. I really didnt know that Chiropractors are not taken seriously. I went for the MRI on my neck about a week or 2 after the incident and have 2 protruding discs in my neck so I just been seeing the chiropractor about this, now I know . Thanks

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

you're welcome. I said they are not take AS seriously as doctors. some people swear by them. my experience is that the MD degree carries much more weight than a DC. if you feel the chiro treatments are helping you, keep going. I certainly don't want to interfere with treatment that might be helping you. but get everything checked by the appropriate medical professionals.

Posted

I generally like to provide more substantive responses but the answer to the question is "no". Your attorney is in the vest position to answer.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Posted

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!

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9 comments

Asker

Posted

I undersand your answer... I know there is no typical answer. I try and look up information associated with past settlements or verdicts. But I cant find the answers. Lets just hypothetically speak here... you said your initial value assesment is usually pretty good. What would you personally assess at ,(assuming everything I say is true ) false imprisonment, assault and battery resulting in 2 protruding discs in neck, knee surgery, and shoulder problems ), defemation of character, stress, loss of sleep due to pain , pain and suffering, interfering of family life and daily activities, loss of enjoyment of life, medical bills past present and future, lost wages. And not to mention punitive damages, ....but forget about that for a min. Let say everything I say is true what could that possibly be in a ballpark range

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

are the disks protruding laterally? anteriorily? posteriorly? is there any impingement? how old are you? are the disks dedicated? how long after the incident was the MRI taken? describe in detail the symptoms you have from the protruding disks. has anybody mentioned spondylolisthesis? have you had an EMG/NCV? what were the results. there are more questions to be answered before even a dude range can be contemplated. a jury verdict search for cases with your objective injuries (appellate search) can be made, too, to refine a demand.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

typo in line 3: dedicated should be dessicated. I hate autocorrect.

Asker

Posted

At C3-4 there is a central disc protrusion abutting but not compressing the cervical cord. At C4-5 there is a larger central disc protrusion indenting the cervical cord. No exiting nerve roots are affected. Done on 7/23 which was about 19 days after the incident. Went to nuerologist because I have been experiencing numbness in right shoulder. Did a EMG but they came back normal. Nothing has been mentioned of Spondylolisthesis. This is the results from the xray done before my mri on neck..The bones are normally mineralized. There is a normal lordotic curve without fracture or spondylolisthesis. Vertebral heights and disc spaces are maintained. There are no arthritic changes. The spinous processes, odontoid and atlantoaxial articulation appear normal as do the soft tissues

Asker

Posted

And I am 30

Asker

Posted

The symptoms include, in the beginning when I got home from vegas.. I had bad neck pain about 4-6 days after getting home. Which was originally diagnosed as whiplash. Having really bad neck pain, couldnt sleep at all during the night, really bad pounding headaches for the first few weeks. Sharp pains in neck and head, as well as lower back. As of lately , I periodically get headaches from time to time which comes and goes at any time of the day. Also get really bad neck pain which also comes and goes without warning which basically cripples me to laydown and not move my neck and take painkillers. The pain usually lasts a few hours but have had it last up a full day or so. Numbness in my right shoulder which comes and goes depending on my positioning of my arm. Pins and needles in my hand a few times...not many times though. Lower back pain is sharp and sudden and that comes whenever at any time of the day. And then theres my torn meniscus that locked up from time to time for the first 2 months before I had surgery as of yesterday to repair it.

Asker

Posted

I have been out of work since the incident in July , I have been seeing a chiropractor 3x a week since about July 11th. Doing traction and stim on my neck. Will be talking to my orthopedic about my neck injury in a few weeks, my ortho will only take 1 problem at a time and right now just got surgery on my meniscus.

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

Disk bulges are tough injuries. They are usually dismissed as de minimis, and most radiologists will testify that everyone 30 and over has bulges, some desiccation and something called degenerative disk disease. Which meniscus was torn? Was it a complete or partial tear? Was it a "bucket handle" tear? UA defendant's orthopedist will testify that surgery to repair a torn miniscus is usually not indicated; that the vast majority of torn miniscii can be handled with good physical therapy. They will also minimize the pain suffered from a minimally invasive arthroscopic procedure, pointing out that athletes can be back on the field in as little as three to four weeks. You will also have to prove causation. My point is that this is a lot more complex process than most people recognize. I wish quick healing and much success.

Asker

Posted

It was...radial tear junctions of the anterior horn and body of the lateral meniscus, which my orthopedic stated that can not heal with physical therapy and If I wanted to be healed without it hurting in the future and be able to do squats and work out that it would need surgery. The bulging discs issue, I have never had a problem ever with my neck ever until this situation. And as it states in my findings from xrays and mri that everything is normal with my age.

Posted

Schedule a meeting with your attorney to discuss your questions - he/she is the one most knowledgeable about the facts of your accident & your injuuries

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

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.

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9 comments

Mitchell Jan Birzon

Mitchell Jan Birzon

Posted

Typo mistake: your attorney's advice that a value cannot be determined at this time is correct and indicative of having good counsel.

Asker

Posted

Yes no I understand, and I appreciate the info. Yes it did not happen at a indian tribe casino. It happened in vegas. It happened a few months ago, im just in the waiting game rightnow and going to doctors and everything at the moment and out on disability. It was pretty bad, and the casino knew they did wrong big time. I am just SO consumed with all of this, its all I think about everyday and I have done hours upon hours of research and I just can not come with a conclusive answer about what I possibility could get. And I know there is no definite answer, and my attorney is right, I just have asked him about it and I don't wanna bug him about it again...so figured I would ask around and "try" and come up with a rational number.

Mitchell Jan Birzon

Mitchell Jan Birzon

Posted

Did you file a complaint with the Nevada State Gaming Commission? Did you alert the Vegas police?

Asker

Posted

I never filed a complaint should I have? I called the police as soon as I got back to my hotel room, they came 3 hours later and I brought a friend in the room with me to be a witness, and they told me " we saw the tape, you did nothing wrong, but we are only going to file a report of stolen property" I told them this is outrages , I get thrown to the floor, beat up, marks all over my body, handcuffed , put in back room for almost and hour and your not gonna make the complaint.. they were like sorry thats all we can do . So i made the report with them.. but the following day left to go back home. Went to hospital as soon as I got home and then called police and told them I dont think the cops took my complaint right. So I ended up making my own statements on a paper an faxing it to the police which they received.

Asker

Posted

Also hired a lawyer on contingency a few days letter and put in for preservation of evidence. I just like to do alot of research on my own, I don't want to nag or bother my lawyer about questions he has already answered for, so I am just on these websites looking around and trying to gather more information myself.

Mitchell Jan Birzon

Mitchell Jan Birzon

Posted

The more you learn the better.

Asker

Posted

Exactly... ive been so consumed since this happened almost 3 months ago, I feel like I can be a lawyer now ha ha , I wanna hit them so hard, this casino has a reputation for doing these things and have been sued many of times. The guards were really trying to hurt me even after I was thrown to the floor and didnt even resist. I think that's what pissed them off more then anything. That I am 6'4 270lbs and just let them beat me up lol with no resistence.

Asker

Posted

So I should file a complaint with the gaming commission, or my lawyer should do this? And would it hurt my case or effect my case any if I do or don't file that?

Mitchell Jan Birzon

Mitchell Jan Birzon

Posted

Talk to your attorney and follow his/her advice. Good luck!

Posted

Your attorney is in the only position to answer your question

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Posted

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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

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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5 comments

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

Great to see your name here. I was on trial in Ritholz's part a few months ago and while in chambers on a break I heard your name mentioned by two lawyers who were there on a conference. I hadn't heard your name since 1978. I was sure there was only one Ben Pinczewski around here. We are a long way from Oceanside.

Benjamin M Pinczewski

Benjamin M Pinczewski

Posted

Good to hear from you. I wish you had come over to say hello. I never like being in Ritholz's part so it would have made my day. I am in Brooklyn all the time so Queens is a field trip for me. Hope all is well. Best, Ben

Asker

Posted

No I know, I understand.. I just am soooo obsessed with all of this since it happened. That its a non stop process that its all I think about all day. The facts of everything are true, and I know nothing is 100% definite, but the facts are true and the casino screwed up big time causing me to have torn meniscus in knee which I just had surgery for , and I have 2 protruding discs in my neck which im getting treated for as well, and not to mention the assault and battery, false imprisonment, harrassment , lost wages, medical bills, a slew of other things I am going to go after the casino for. I guess I just have to be patient...really patient lol

Benjamin M Pinczewski

Benjamin M Pinczewski

Posted

I see you are very emotionally involved in your case and can articulate your position well. Make sure you keep your attorney aware of all you have told me so that he can best prepare and present your claim. Understand the more evidence especially objective evidence the easier it is to push towards a settlement. Good Luck

Asker

Posted

Thanks, yea he knows very well how emotionally involved in this case, I tend to email him alot ( which sometimes I think I am being annoying lol) but I just think about everything from the time I wake up to the time I go to bed. I got nothing better to do as I am out of work and seeing a chiropractor 3x a week as well as just had surgery on my knee. The casino that this happened in has a bad reputation for this sort of thing and has many lawsuits or settlements in the past. I won't be the last im sure. But I really wanna go after them extremely hard because they have no right to keep on doing this. My lawyer says its going to be af ew months before seeing the casino video, that was 3 months ago..on avg how long does it take?

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