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How long can I expect for a possible settlement on an injury case? What would approximate value be?

Montgomery, NY |

I was in a store (big box sto re) and I went to purchase an item that the store clerk found for me on an overhead shelf. The clerk went from under the shelf and with his hands pushed under the item (i thought he was just looking for a # of item) the he heaved it over and it landed on my head. It weigh 100 lbs I had 2 dominant shoulder surgieries, 3 herniated discs, carpul tunnel, headaches and now arthritis from this

Attorney Answers 7

  1. First, I am so sorry to read of your injuries. You need to sit down with an experienced personal injury attorney to discuss the possibilities of a claim and perhaps a lawsuit should you not be dealt with fairly. The timing of payment is subject to so many variable that they are difficult to outline on a message board in just a couple of paragraphs. In around an hour, an experienced attorney can learn about your case and give you super guidance on the process.

    Best of luck healing and with your claim!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

  2. Sorry about your incident and injuries, must be quite an ordeal (to say the least). Now to address your question, and I will be blunt, you can "expect" nothing. An insurance company has no obligation to settle a case and no obligation to be "fair"; absent a lawsuit. What you can most probably expect is a run around. The carrier or their representative ask you for all kinds of information under the guise of trying to help you. Please. Query: Why would they help you? I could go on, but won't. Some of what they ask for is appropriate, some is borderline at best, some is inappropriate, and some could jeopardize you personally. I haven't even begun to address legitimate issues in your case; such as legal liability. Permit me to conclude by saying before you jeopardize, if not unduly prejudice your case completely, contact an experienced and qualified personal injury trial attorney. There are many of us on Avvo and many of us in Orange and Rockland. Good luck.

    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

  3. Run these queries by your attorney. If you do not have one you should consult with a NY State Personal Injury Lawyer.

  4. IF you retain an experienced personal injury attorney, this case would have significant value, in my opinion. Consult an attorney in NY to know for sure.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.

  5. You have fairly significant injuries. It is best to ask your attorney about the case value. The factors that are considered in making a demand would be: amount of medical bills, type of care provided, significance of the injuries, permanency of the injuries, wage loss, and other factors. You certainly have a case that is worth 6 figures. Since you have a significant cases, there is a good chance that litigation will be required to get fair value for your case. The length of time to settlement will depend on the court case load and how soon the case gets to a mediation conference.

  6. Without an attorney, you may never receive a settlement.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  7. The settlement value of a case is not going to be determined with any reliability or to your satisfaction in a forum like this on the basis of a few sentences of information supplied solely by you and without the benefit of records. Moreover, the longer you deal with them alone, the closer you drift toward the statute of limitations deadline. Hire an attorney to thoroughly investigate and review.

    The answer to this question is for informational purposes only and is expressly not legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers.

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