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