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Was in a car accident Other drivers fault, I had broken wrist and went on disability ..what is fair value for settlement

Little Falls, NJ |

Head on accident, other driver crossed double yellow line, went to Eric and six weeks in cast on right hard and six week of pt

Attorney Answers 13


  1. Best answer

    In order to get a reliable answer, the police and medical reports must be evaluated.

    Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  2. I am sorry to hear about your injury.
    More information is needed to give a reasoned answer. When did it happen? Do you have a lawyer? Has a lawsuit been filed? Has discovery (your deposition and exam by other insurance company's doctor)? What tort threshed did you select on your own auto insurance policy? Was the fracture displaced? What activities have been affected?
    If you have not yet done so, I recommend that you consult a board certified personal injury lawyer ASAP.
    Good luck!


  3. There are a lot of factors that go into properly evaluating an injury. For starters one would need to look at the police report and all medical records and then discuss with you the extent of any residuals from the injury. In any event, you can expect the insurance company to low ball you without an attorney.


  4. Most likely quite a bit, considering your "pain and suffering", but make sure to hire the right personal injury lawyer to fight on your behalf; otherwise you are pretty much looking to settle for next to nothing.. Property damage only and no pain and suffering.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  5. You are entitled to medical bills, lost wages, pain and suffering, and compensation for permanent injury. There is no perfect formula to determine value, which is why an experienced injury attorney in your area will have a firm grasp on the fair value of your claim. As suggested, you need to gather all of the medical bills and medical records related to the accident, and meet with an attorney. Good luck.


  6. Folks often post questions on this forum asking what a fair settlement is for a personal injury matter. Unfortunately, no attorney is going to be able to give you a substantive answer without reviewing all of the circumstances, medical records, etc. You need to consult with a personal injury attorney to assist you. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  7. More information is needed to properly evaluate. Have a personal injury lawyer investigate. Avvo has a great find a lawyer tool to locate a top-rated lawyer with a low contingency fee so you don't get hurt twice. No need for a "certified trial lawyer" as the qualification process is something like a mere 10 cases, when most experienced lawyers have had hundreds under their belt.


  8. I need more information to answer this question. However, I would need to see the police report, your insurance policy to evaluate the injury threshold, and your medical records to evaluate the degree of the injury and treatment involved (surgery??), as well as permanent effects of the injury to your wrist, if any...... Consult an experienced injury attorney

    Do NOT rely on this answer as the information provided here is not legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. This response does not create an attorney-client relationship.


  9. Your questions cannot be answered in this forum. YOu need an experienced personal injury lawyer to review the liability and damage issues, evaluate the effectiveness of the witnesses and find out the insurance available to resolve the matter. Use Avvo find a lawyer feature to locate on e near you to help. Make sure you get a top-rated one and one who is a member of NJAJ, an organization dedicated to representing injured persons.

    The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.


  10. There are various factors which play a critical role in determining the fair value of a potential claim. The first relates to the significance of your injury and whether your fracture was displaced or non-displaced. Do you know? Will you have any permanent residual problem with your wrist? Who is your automobile insurance company? Do you have the verbal or lawsuit threshold, or no threshold? Did you require surgery? Are you a man or a woman? How old are you? What do you do for a living? How much time did you miss from work? Did you go on State disability or do you have a private disability insurance policy which paid benefits to you? How long did you receive disability benefits for? Do you have to lift things or do manual labor which puts a strain on your wrist? Was it your dominant hand? In what county did the accident occur and where do you and the other driver live. Your posting looks like you live in Passaic County. Where your case can be filed plays a role in its value. How much time from work did you lose and how much income was lost by not being able to work? With the above information, an experienced attorney would be able to give you a reasonable answer to your question.


  11. As others have said, it is very difficult giving an estimate of the value of the case without knowing more information. In NJ, if you have car insurance and you elected a "limitation on lawsuit option" you may not be able to recover pain and suffering if the fracture was not a "displaced" fracture. If the fracture was displaced or if your injuries are permanent you may still be able to recover pain and suffering damages, as there are exceptions to the limitation on lawsuit election. Regardless, you can still recover medical bills, lost wages, property damage and other economic damages.

    If you have a permanent injury that is preventing you from working again, our firm and other attorneys often use vocational and economic experts to determine your future lost wages or lost earning capacity.

    Finally, the question of how much insurance the other driver has and whether you have underinsured motorist coverage through your auto insurance are things that are helpful to know before deciding whether to settle a case and for how much.

    All of these factors and more go into evaluating the value of a case. Speak with an experienced lawyer before making any decision to settle the case. You can find more information on my website. Best of luck.

    Legal disclaimer: I am not your attorney and no attorney-client relationship exists nor is intended to exist or to be formed by providing the information above. The information provided is not legal advice and is not intended to be taken as legal advice. Any person faced with the above-referenced situation should immediately consult an attorney licensed within the applicable state or jurisdiction before taking any action based on this or any other information.


  12. Depending on the type of fracture, and whether you had the limitation on lawsuit option on your auto insurance policy, and the amount of your lost wages, the value could be surprisingly small. On the other hand, if the fracture was displaced, and with permanency from the accident, along with a lengthy disability from a high paying job, the value could be quite high.

    Retain a lawyer, if you have not already, and you will get a better and more reliable outcome that doing it on your own, even after subtracting the attorney fee.

    Each case is fact sensitive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


  13. Hey Little Falls. Just in case you haven't had enough advice already, here's my two cents on settlement value. Liability looks like a slam dunk, so it's all about how serious that injury is to your wrist, and whether you'll be left with any permanent disability. Learning the limits of the other driver's insurance coverage would also be helpful. I certainly agree with my colleagues who've recommended that you find a board-certified attorney, as that is a New Jersey Supreme Court approved measure of real trial experience and continuing education, and that your lawyer be a member of the NJAJ, as that allows him to tap into a network of thousands of other experienced colleagues when he wants some inside info on some aspect of your case. Lastly, let me invite you to click on the link below to learn about Contingency Fee Cases in New Jersey, as it may provide you with some helpful insights.

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