I was struck by a car while cycling in San Francisco. It was 100% the driver's fault. My injuries were a split chin, a broken tooth, and cartilage damage in my knee, along with a destroyed bicycle.
CHIN: I recieved two stitches on my chin, and there is obvious scarring about the size of a peanut.
TOOTH: I recieved a full crown on my front tooth.
KNEE: MRI's and X-Rays and they show a 3mm "flap" of cartilage under the patella. I've been going to physical therapy for a few months, and believe that arthroscopic surgery going to happen.
As a result of my knee injury, I can no longer ride my bicycle, snowboard, go hiking, play sports, etc. Standing from a seated position, climbing stairs etc causes pain.
Total medical bills so far are about 10k not including surgery, which is about 8k.
Case sounds like it is worth close to 6 figures. It will be worth more if you hire a personal injury attorney rather than do it yourself.
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Your case should have a value into 6 figures if you have the knee surgery and depending on how bad the scar is. Do not settle your case until you have the knee surgery. You should also go to a plastic surgeon and have him evaluate your scar to determine if cosmetic surgery could help the appearance of the scar. You can add the cost of this surgery to the value of the case and also increase you general damages for pain and suffering.
Assuming your current lawyer has the proper education and experience in personal injury claims, that person is in a better position to evaluate your claim than a bunch of lawyers on the internet who have not met you, read your records, or seen the photos of your injuries. You hired the lawyer because you trusted him/her. Unless something has changed to make you lose that trust, stick with your lawyer's opinion. If you don't agree with him/her, tell them your concerns and get the answers you are looking for before settling. Good luck.
As a San Francisco bicycle attorney, I am glad that you have retained an attorney to help you with this claim. The value of the case depends on many factors. The fact that you are in San Francisco and have bicycle claim is good because San Francisco jurors are generally good for bicyclists and plaintiffs, and are more likely to understand and empathize with your disability from sports. We are an active City and you should be compensated for this disability. Another factor as to the value is the insurance carrier on the other side. certain insurance carriers pay more in settlement than others. What are the offending driver's policy limits? Since you have an attorney, you should ask him or her detailed questions. Each attorney should know the details of their own clients' cases and be able to answer all the tough questions. If they cant answer your questions, you should think about why they can't. I wish you well and hope that you do recover from your injuries and keep biking. Best wishes, Claude Wyle
You need to have the surgery. You also need to have a full report as to future medical needs including the potential for future surgeries, physical therapy, etc. With the right attorney, you could be looking at a settlement range in the six figure amount. On your own, who knows! In my opinion, you will certainly not get the "top dollar" offer without at least the threat of litigation if not actually having filed a lawsuit. You should retain an attorney immediately. The statute of limitations (time deadline for filing a lawsuit) is usually two years from t he date of the accident but can be shorter depending upon any number of factors. You should retain a lawyer immediately. That lawyer should have you examined by a reputable medical expert and a full analysis should be done as to what your future care needs will be. REMEMBER: Once you sign a settlement and release agreement, that is it!! You will never be able to seek any additional compensation at any time in the future no matter what your future medical problems may be.
NOTE: Nothing in this statement is intended to create an attorney client relationship. Attorney does not agree to take any action on this matter unless a written retainer agreement is signed by client. Attorney is solely licensed in the State of California.
The worth of a case is a function of many things including but not limited to:
1- cost of the treatment received;
2- nature and extent of the injuries;
3- the overall recovery period;
4- the nature and extent of the pain suffered;
5- the nature and extent of life disruption a person has suffered;
6- what the injured person did while recovering (were they bed ridden the whole time or went to work?)
7- the way the accident occurred;
8- the existence of any affirmative defenses;
9- the jurisdiction in which a case will be tried should the settlement negotiations fail;
10- the plaintiff and his credibility;
11- the defendant and his credibility;
12- the plaintiff's expectations;
13- possibility of future treatment;
15- existence of any permanent medical condition condition;
16- existence of any previous adverse medical history;
and many other factors.
So based on what you have written it is simply impossible to know what your claim is worth.
One thing you should note: if you are surgical candidate and you have not had your surgery as of yet, it would be advisable to wait until after your surgery and the determination of your prognosis to talk settlement with anyone.
All the same, you should have an in person conversation with a local attorney who will be able to give you more accurate guidance as to what to do next. Generally, the initial consultations are free and there is no obligation.
I hope this helps-
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes and is only for issues arising under Illinois Law. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.
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