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How much money should my lawyer demand in my auto accident claim? What types of damages should he go after?

Hayward, WI |

Obviously I know there are several factors that go into settlements or trials. I am just wondering what is a realistic number or does it just depend on their max insurance coverages? I was rear ended in a high impact collision and I was diagnosed with severe whip lash, torn rotator cuff along with torn labrum and biceps tendon. Also had left shoulder surgery and MRI on my spine and diagnosed with 3 bulging disc. I am still having pain in my shoulder, neck and trapezious, along with severe headaches and a doctor said I will have a permanent-partial disability after having a year of symptoms. I currently have about 35,000 in medical bills and I was unable to work or finish school because of the accident and my injuries. What should I expect, what have you gotten your clients with sim. injur?

Attorney Answers 5

  1. If all the facts are as you state, no liability issue (meaning 100% against the defendant for the MVA) and if you have permanent injuries that your treater(s) will say were caused or exacerbated beyond normal progression by the MVA, with $35,000 in past medical bills (add in wage loss if you have it), the value range could swing anywhere from $87,500 to $105,000.00 (more if you have an argument for future medical expenses and/or future wage loss or loss of earning capacity). What value range is your lawyer giving you?

  2. This is a tough question. Every jurisdiction is different and every case is different. Best advice is to have a long talk with your attorney. Many times unfortunately what you can recover is limited by the other drivers insurance and yours. If you bought enough UM/UIMcoverage you have little to worry about .

    Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.

  3. Every jurisdiction and venue is different in one way or another. You are represented by counsel. You should direct this question to him/her, as s/he has better information about your case than anyone on this site (unless your lawyer posts here, of course). What you should expect is for your lawyer to do is get you the best result s/he can.

    Please remember, however, that specific questions entail specific facts as to which an experienced lawyer can give you reliable advice. Both my and other lawyers' answers to questions on Avvo are for general purposes only and do not establish an attorney-client relationship; nor should they be considered legal advice. They also are simply responses to the questions that are posed, and do not necessarily address every circumstance in your particular situation. Your best approach may be to contact a lawyer directly through Avvo, and have a consultation at which time you can provide complete details.

  4. The answer to your question is too fact dependent for this forum. consult your attorney for further clarity.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.

  5. This is a substantial case. You should talk to your lawyer about what you should expect. I am also wondering if you have been diagnosed with a traumatic brain injury. Here in Wisconsin, those injuries often go undiagnosed. You persistent headaches are one indicator. Do you also have memory issues? Vision, sight, smell, test differences before and after the wreck? Do you have word finding issues? Are you more forgetful or disorganized?

    I think you're right. It's very difficult for someone to give you a value range on your case with very little information. Typically, lawyers need a lot more information to begin advising someone about the potential value in their case.

    I hope this helps.

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