The commercial cement truck hit the back passenger side of my 2006 lexus es330 while I was sitting at a light. I now have a herniated disc and 2 bulging discs. They have assumed full liability. Ive been going to treatment for a month now. What Is my case worth?
Although I am a California attorney, I believe you have a very good case and strongly recommend that you retain a local area personal injury attorney that is experienced and that you feel comfortable with. Most personal injury attorneys provide a free initial consultation. Meet with a couple and select the one you prefer. It is really too new of a case if you have been treating for such a short time to be able to figure out what your case is worth. You need to take care of your medical issues by treating with medical providers and also take care of your legal issues by retaining a personal injury attorney. I am truly sorry about your injuries and wish you a speedy recovery. Best of luck.
You are going to receive a lot of answers given the type of case you have and the serious injuries you have sustained. Do this for yourself - look up that lawyer on his website and think to yourself is this someone I want on my side on my team. If that's me, terrific. If it's someone else that's good too. Give that lawyer a call and meet. You'll get a lot of your answers.
The value of your case is going to depend in large part on the course of your medical treatment and what can and cannot be fixed. If you have a herniated disc and two bulging discs caused by this you will need to seek proper medical care. Your attorney will need to know what the doctors are going to want to do for you. You will need to contact an experienced trucking lawyer to get you through the process and get fair value for your case.
Truck injury claims are different from car accidents and should be handled in a manner that take the Federal Motor Carrier Safety Regulations and the specific requirements for interstate trucks and intrastate trucking into account. Your injuries appear serious and you should contact a local truck injury attorney to help you with your claim.
My answer is ONLY based on cases I've handled in California and thus its only my personal and not professional opinion but get a lawyer! Truck insurance companies give everyone a hard time when it comes to settling a case.
I live and work in Los Angeles and deal with accidents like yours all the time, so I am happy to answer your question. Your gut instinct is right that you have questions regarding your rights and your case. I've handled a good amount of accident cases and know that insurance companies give cases like yours a hard time even if the police report finds the other person at fault. You should hire an attorney now before you hurt your case (happens unfortunately very often). You should hire a lawyer to help you out with the claim because regardless of the outcome of the police report insurance companies give unrepresented people a tough time. I've handled cases and referred clients to great doctors in the Los Angeles, CA area.
At our firm we always refer clients to all kinds of doctors and chiropractors when our clients are injured and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE (or your uninsured motorist policy). The attorney you hire will handle the claims process from start to finish.
But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defendant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Los Angeles, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.
Overall, there may be considerations of past and future medical bills, wage loss, earning capacity loss, functional loss, caps on damages in your state and insurance coverage.
In my experience, the medical condition (here, the herniated and bulging discs) influences settlement value. Your functional loss may be more important if your case goes to a jury verdict. For example, if it affects your ability to do your job, you may have future loss of earning capacity (in states that recognize this) even if you don't have wage loss. Insurance companies may consider functional loss but do not place as high a value as a jury when presented in a compelling manner at trial, at least in my experience.
For non-economic loss (usually called "pain and suffering"),the important question is "how has this affected your life?" If your favorite activity in the world was hunting or gardening or something that you are now restricted from doing, this can make your case more valuable if you have a lawyer who is experienced in recognizing and making these arguments.
Good luck! I hope your case has little value, meaning that you heal quickly with no functional loss. I believe your job is to try to get better while your lawyer's job is to plan for the worst case scenario (like surgeries and functional limitation.)
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