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How much compensation should i ask for, for a collar bone broken in 2 spots?

Mineral Ridge, OH |

Neighbors dog ran infront of our atv causing us to wreck and total our atv. I couldnt get pain meds because i waspregnant.

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Attorney answers 13

Posted

Ask for a lot. The insurance carrier won't fairly evaluate your claim as you don't have an attorney. I'd like to know if you have a particular reason? Can't evaluate without knowing more. How's your pregnancy? 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 www.nyelderinjurylaw.com

Asker

Posted

My pregnancy is fine. The owners of the dog were faulted.

Ryan Alexander

Ryan Alexander

Posted

Was there some sort of citation issued to them?

Asker

Posted

Yeah they were cited because we have a leash law. The ins company is evaluating the damages to atv and they want my medical records and bills she said once she receives that info she will make me an offer. I just didnt know what to ask for. My boyfriend didnt go to hosp all he had was road burn. I had a broken collar bone, and culdnt take meds due to my pregnancy. They are willing to settle out of court, i just dont want to get low balled and dont have money for attorney.

Ryan Alexander

Ryan Alexander

Posted

Personal injury attorneys will usually handle this type of case on a contingency, which means that you don't have to pay out-of-pocket and they will get paid a portion of the settlement. Statistics show that people with attorneys get more money in their pocket, even after paying the contingency fee.

Asker

Posted

Well if you know anyone that practices in ohio. Let them know i need an atty

Posted

It's a claim.
Get a lawyer.
Hopefully, there isn't some kind of homeowners exclusion.

Posted

Unless you're in a situation where there is already insurance offering to cover this, I would anticipate a fight with the insurance company about whether the dog's presence/interference *caused* you to fall off or not. That's an obvious problem.

Clark County, NV practitioner.

Posted

You need to talk with a local personal injury attorney ASAP, unless you want to accept s lowball offer.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

There are too many variables to give you a pat answer to this question. Things like emotional distress have to be considered along with subrogation interests of your health insurance provider. Did it affect your pregnancy at all? Have you delivered or are you still pregnant? Has the insurance provider accepted liability on behalf of the dog owner? You should retain the services of a personal injury attorney to ensure that you are being fairly compensated.

Posted

If you want the benefit of a lawyer's negotiating strategy, you should hire a lawyer.

Posted

There are no set dollar amounts for an injury. Each case is different and the circumstances surrounding the case and the injury are reviewed. I suggest you contact a lawyer to get the best resutls.

Good Luck !!

Posted

Every personal injury case has 3 components: 1) liability 2) injury and 3) recovery. You have injury. The question you have, is do you have liability ? The neighbors dog ran out, yes, but did the neighbors dog "legally" cause you to wreck ? Understand that will be the question. This is not a case of clear liability and the other side will certainly be arguing it is your fault. Hire an attorney. Good luck.

The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Michael Lewis Eisner

Michael Lewis Eisner

Posted

Unless there is an exception to to the dog liability statute, there is strict liability for all injuries and damages caused by a dog. The dog's owner, keeper, and harborer are all statutorily liable. This will likely be a case of proximate cause and damages only. The person should still hire an attorney to seek full and fair legal advice and compensation, if any.

Peter Stephen Kirner

Peter Stephen Kirner

Posted

While I do not disagree with you, this would be fact specific. The dog ran out in front of the ATV, that is all the info we have. Was that 2 feet in front of, 20 feet in front of, 50 feet in front of. It is possible that the drive has an "ultra sensitivity" to dogs and her reaction was not appropriate based on the location of the dog. Further the driver could have been trespassing, or harassing the dog, etc. While I appreciate strict liability, based on what we have been provided, I do KNOW that the dog CAUSED the injury. Your point is no less valid, and consulting an attorney is certainly the appropriate step for the party.

Michael Lewis Eisner

Michael Lewis Eisner

Posted

Peter, If you ever need it, I have won summary judgment that comparative is not a defense to strict liability in the dog liability setting, and would be glad to share the brief with anyone who requests. The problem is often getting insurance companies to understand that the statute is not limited to bites.

Posted

You shouldn't try to resolve this yourself, or you will either get #1. no money or #2. a nuisance settlement. A personal injury lawyer can try to pursue a claim against the dog owner's homeowners insurance carrier.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Unfortunatley, there is no "magic formula" to determine how much you should ask for or what you should get for this injury. Only an experienced personal injury lawyer would know what to look for to determine the "fair value" of your injury claim. The relevant legal factors include: nature and extent of injury; nature and extent of medical expenses; nature and extent of health insurance and/or "subrogation" issues; nature and extent of liability including possible defenses and/or comparative fault issues; insurance coverage available; what insurance company you are dealing with; what adjuster you are dealing with; collectability of the defendant(s); and many other factors that take years of practice and experience to figure out. No reputable personal injury lawyer would simply tell you over the internet "how much to ask for" without knowing these details or without actually representing you in this case. Injury lawyers usually work on a "Contingency Fee" basis wherein they only get paid a percentage of the money they recover for you for the case: there is no "out of pocket" money you have to pay for their services. And often times, a lawyer can get you significantly more money than what the insurance company will pay you directly, even after deduction of their attorney's fee from your settlement. A good Injury Lawyer will also be able to "tie up" all the loose ends you may not even know exist, like payment of medical bills, settlement of "subrogation liens" including personal health insurance, Medicare/Medicaid, CareSource, etc.. A good Injury Lawyer can even reduce the amount of money you owe for these expenses, putting even more money in your pocket. It is clearly in your best interests to hire a lawyer to represent you in this matter. I would be happy to discuss your case in further detail free of charge. Good luck!

Posted

it is difficult to say. i would contact a local injury attorney who contributes to this site

Posted

An experienced personal injury lawyer should not advise you what to seek and expect without first reviewing all of the medical records, bills, wage loss documentation, photographs, x-rays, etc. However, your injuries are of the nature that you can benefit from a good personal injury lawyer.

If you have not already hired an attorney, my firm gives free initial consultations, and only charges fees out of any recovery we make for our clients. If you have hired an attorney, discuss the case and strategies for securing a fair recovery for you with him/her as he/she is more knowledgeable about the strengths and weaknesses of your case than anyone on a public forum.

Posted

No one can answer your question without knowing a lot more information about you, your work and your avocations etc..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 Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

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.

This ans. does not create an attorney/client relationship.

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