had knee surgrey ,which did not correct the problem will have a knee replacement on 23rd of this month, my question how much is this case worth?
No attorney can answer this question with any certainty. And any attorney who tries is simply clamoring for your business. But it sounds like you do have a good case. And you absolutely need to consult with some attorneys to find the right one to represent you.
I am in Houston and I specialize in these types of cases.
I am sorry that you were injured in this truck crash. Unfortunately, truck crashes like this happen far too often. Your question is very important, certainly because your life undoubtedly has been affected in so many ways.
The value of your case is determined by evaluating many factors. The facts of the crash must be considered. Each of the elements of damage that the law allows in this type of claim should also be assessed. The law in Texas generally allows consideration of medical expenses, lost wages, loss of earning capacity, physical pain and mental anguish, physical impairment and disfigurement. In some cases punitive damages may be considered. The amount, nature and extent of the damages depend on the facts of your case.
A great deal of information must be gathered in order to tell you a range of what your case is worth. I recommend that you retain an attorney who specializes in serious injury cases to assist you.
I am sorry that you have been injured so seriously. You should consult with a lawyer immediately. The value of your case depends on more than your past medical damages. There are future medical expenses to consider as well as whether any of your injuries are permanent in nature. As well, if the evidence shows gross negligence on the part of the trucking company, your case may be worth more.
You need to hire a lawyer who is experienced in prosecuting trucking injury cases. I have handled many.
I'm sure your mind is spinning right now with all the answers being posted. When it comes down to it, you need to pick up the phone and make the call. Nothing beats a frank and personal discussion with an experienced personal injury lawyer. Just remember that there are no absolutes to any legal case.
Robert C. Slim, Attorney at Law
Tel: (214) 321-8225
Days, Evenings, and Weekends
The answer is that your case could be worth a significant amount, but you have to persuade the insurance company of that fact. Insurance companies don't pay claims because they want to be fair or because it's the right thing to do, they pay claim because the damages have been proven to them and they feel they have been put in a position where they have no choice but to pay.
You've already had invasive treatment to your neck and knee, which definitely makes for a higher value claim. But if you are handling this claim yourself with the intention of sending the insurance company your records and bills (or worse yet, letting them order your records and bills using a health authorization), you can prepare yourself for them making a low ball offer and saying some or all of your conditions are not due to the accident. I'd almost guarantee that'll happen.
I went to trial on a car accident involving knee surgery followed by knee replacement case in Harris County. It went to trial because State Farm Insurance didn't want to pay a claim for a major procedure like a knee replacement. I don't pretend to have a crystal ball but you can expect a similar response from the insurance company on your claim.
Your medical records, medical history and your doctors' opinions on what caused your complaints are very important to your claim value. Going back to my original point, your claim needs to be presented in a way that the insurance company feels they have no choice but to pay the right money. In my repeat experience on larger claims, that often requires a lawsuit.
I wish you the best of luck, but you should really consider retaining an experienced personal injury attorney. There's a reason you didn't interpret your own knee MRI (you have a doctor do it, because they have the expertise), and the same reasoning applies to your claim.
I am not licensed in Texas and could not handle your case unless I involved an attorney in Texas. That being said make sure you do your due diligence by researching any attorney you're thinking about hiring. Avvo is a great tool. When you interview an attorney to handle your case try to get as much specific information about his or her experience and how it will help your case. It's unfortunate you were involved in a serious accident. Don't make the mistake of hiring an over zealous attorney who smells blood in the water.
These types of cases have resulted in substantial settlements and verdicts depending on how your injuries have effected your life, the medical expenses among other factors. If you can provide me with more information about that, it might be possible to give you a better idea of your damages. That being said, if you have any questions or just want to know your rights please do not hesitate to ask or leave a comment.
I am sorry you were rear ended by an 18 wheeler. Based on the information you have provided, it appears you have a very good case that could be worth significant value if you hire and experienced attorney who is also Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. You should continue to seek treatment for what appear to be significant an life altering injuries, harms and losses. If you do not diligently treat your injuries, then the insurance company for the trucking company will attempt to use the failure to treat your injuries against you. In my humble opinion, you should not attempt to negotiate a resolution of our claims without the assistance of an attorney. www.urhurt.com
I agree with Vuk. You could have a valuable case, especially given the complications of your surgery. The insurance company for the 18 wheeler has almost certainly done their investigation and will work to minimize the value of your case. If I were you, I would contact a Board Certified Personal Injury Attorney like Vuk who has a 10/10 AVVO ranking along with lots of other objective credentials. I would do so immediately because you don’t want the insurance company to have a big head start on you.
Board Certification is rare (less than 2% of Texas lawyers) and means the lawyer has had judges and other attorneys recommend them to the legal specialization board. It also means the lawyer is a specialist in these types of cases.
A 10/10 AVVO ranking is also a great indicator of attorney qualifications, because it is a sign that an independent lawyer ranking group thinks highly of the lawyer’s qualifications.
Whatever the value, it is worth a lot less if you attempt to handle this without an attorney.
A great deal of additional information would need to be known before any personal injury attorney could begin to give you a range of potential case values.
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.
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.
I don't think I have ever seen 15 answers to a question like this. The truth is, anyone who says they can tell you how much your case might be worth at this stage is flat out guessing, if I'm being generous, or lying to you to get your business, if I'm being plain spoken and honest. I have no horse in this race, so I'll just share this for what it's worth. Seek out a trial attorney who has experience in presenting damages cases. The liability portion of your case will likely be won on a motion well before trial. That is because this is a rear end accident. While I don't practice in the great state of Texas, I feel safe in saying the standard for summary judgment in rear end collisions is not that different than in New York. The only question in your case is going to be the one you are asking: how much are my injuries worth. An experienced trial lawyer will know how to present your pain, suffering and loss of enjoyment of life to a jury. I say trial lawyer because you do not need a pure litigator. A litigator would be good if you had to establish liability. A trial lawyer knows what a jury wants. There are many good groups and associations of trial lawyers in Texas and nationally. Do your research, and if you have further questions, just post a comment. Best of luck and best wishes for a speedy recovery (a physical recovery is always better than a monetary one).
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