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Do we have a case?

Pittsburgh, PA |

My husband was rear ended by a large garbage truck at a intersection. My husband was at a complete stop. The car was totaled. At that time the only injury my husband received was muscular neck and shoulder pain. He has been seeing a physical therapist for 10 months no relief. He started to have increased pain and left arm weakness. Therapist sent him for a MRI and it showed disc bulge with tiny focal left lateral disc herniation with slight cephalad migration arising from C6-7. He was sent to a neuro surgeon and is scheduled to have surgery C6-7 anterior cervical microdisectomy. My husband is also having left arm muscle atrophy. He is a constructio worker and has been off of work since November 2012. Our attorney is not telling us to much...do we have a case? And about how much

Attorney Answers 9

Posted

Yes you have a case. Consult with your lawyer about this. If you are not satisfied with your lawyer, consider hiring a new lawyer. It would be helpful for you to have a lawyer with substantial experience handling big truck wrecks and spine injuries. This is a pretty specialized area. I hope this helps. Good luck.

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Posted

I would agree with Mr. Studinski. If you do not have a personal injury attorney, get one ASAP. If you do have one and you are not satisfied, consult with another to see if the advice you are getting is satisfactory or not.

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Posted

If you have an attorney discuss your issues and concerns with him or her ASAP. Based on our the facts provided, it sounds like it. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

Your husband needs a good personal injury attorney right away. Go to the "find a lawyer" tab and look for one in your area.

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Posted

Car Accident lawyers are asked the question of value all the time on accident cases. It is a difficult question and ethically we are not allowed to guarantee results. Attorneys know this is also true in light of the unpredictability of discovery and trial of the auto accident. Call a local attorney and get a second opinion. Sounds like more of a communication and interpersonal issue with the accident attorney you have.

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Posted

It would appear that you have an excellent case based upon my 35 years of experience handling motor vehicle accidents with complex injury patterns. Your attorney will need to work closely with your physicians to determine if all of his problems are related to this accident. If you are not satisfied with the level of communications with your present attorney, you should frankly discuss this matter. If you are still not satisfied with the quality of your representation, then you should retain new counsel. Best of luck with your husband's medical problems and your case.

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Posted

You should be communicating with your lawyer. If there is no communication, you may want to retain a new lawyer. A plethora of factors go into putting a number on a case. For more information about herniations, you are welcome to visit my website, and click the injuries tab, then the herniations tab. Good luck.

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Posted

Based upon the facts you provided, you definitely have a case. How much is a different story. It seems that everyone always wants to know about that answer which is understandable because in the end, these claims are mainly about the money and only the money. However, how much is not something that we lawyers look up in a book or spreadsheet. We all have different notions about the value of a case and they are "personal " to everyone in different ways. Ultimately, a jury tells you what its worth. Experienced lawyers draw upon their experience with injury claims to evaluate a case. A seasoned lawyer would probably look into not only the pain and suffering that you husband was enduring and will endure for the rest of his life but also, the hard economic damages that come with that such as work loss and future loss of work or earning capacity. Not only that but what the future costs of treatment and medicine and probable procedures will be. A number of experts would need to be retained and hopefully, the large garbage truck has insurance. You should check with your own insurance company also and see if you have coverage in the event that the truck in either uninsured or under insured. The fact that your husband had a late onset of real injury is not detrimental and in some cases very telling about the injury and the causation between that and the accident. If you cannot communicate effectively with your attorney then you may need to meet with him and tell him or her that and get a new one. Best of luck to you and your husband

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1 comment

Asker

Posted

Thank you for answering my question. This is the first and hopefully last time we will have to sue someone. My husband and I both work, but my husband is the main bread winner. My husband also carries our health insurance...which if he dosn't work so many hours a year we either have to pay for our insurance or it gets dropped. We have a 11 year old with asthma and I have mixed connective tissue disease..which is Lupus, RA and Sojdrens disease. My husband is laid off at the moment due to no work so he is getting unemployment, but they will be calling him soon to go back and he won't be able to because of his surgery and of course the pain he is in and arm weakness. So his unemployment will stop. Not sure what we will do. I would not be able to work another job..I already work 40 plus hours a week and it takes all I have to get thru the week. My rheumotologist said I need to avoid stress, because it aggrovates my condition. So this accident has created one big pile of issues. Sorry to ramble on. I'm

Posted

It's unfortunate you are not getting the answers you are entitled to by those helping you. You do have a case. You should consult with an attorney right away.

From your facts it seems that liability/fault rests with the other driver. Value of damages is best analyzed upon completion of treatment.

Best of luck.

Gladys Wiles

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