I was a passenger of a car when it was T boned.I have 5 herniated disc.2 in my neck my back I also suffered wiplash as well as extensive soft tissue damage non permanent.over the course of my seven and a half months of physical therapy I've accumulated 22 thousand dollars in medical bills.I have a lawyer but he is not willing to give me an estimate on what I will receive.
Your attorney is in the best position to answer your question and there may be a good reason why he is unable to give an opinion as to value at this point. Ask him/her for an explanation. Since it appears that your accident occurred just 7+ months ago, it may be too early to put a number on the case.
Your attorney is in the best position to answer questions regarding the facts and circumstances of your case. There are no hard and fast rules regarding the value of case. Your attorney should let you know if and when there are any settlement offers. If the settlement offers are unreasonable, your attorney can file and prosecute a lawsuit on your behalf.
It might be too early to put a number on your case or a ballpark range. It depends on many factors. Policy limits will play a major role. As will the potential for surgical intervention. I will not recommend any range of value until I am confident that I have a good handle on the extent of the injuries and the prognosis. Otherwise, I cannot protect them against settling prematurely. Be patient. You are going to be injured for a long time. You want to make sure you get it right.
It's very hard to give an estimate on what a case is worth without going through medical history, medical records, facts of the accidents, insurance policy limits and any other factors that come up in litigation. Ask your attorney what his demand is and what he thinks your case is worth.
There are so many factors which go into evaluating a case for settlement. They include, but are not limited to:
1. Past and future lost wages or earning capacity;
2. Future medical costs;
3. Future medical procedures, therapy and care;
4. Defendant's policy limits;
5. Underinsured or uninsured motorist coverage;
6. Venue of lawsuit;
7. Impact on your activities of daily living.
I can appreciate wanting a solid answer as to what your case is worth, but you need to sit down with your attorney and go over the case in detail to see what he is demanding, what has been offered and where he hopes the case will resolve. This conversation is best had in person.
Good Luck and best wishes for a speedy recovery
Your attorney may be right. It is early in your case and there are far too many variables. Who the insurance carriers are, what the policy limits are, and where the lawsuit can be brought are just a few of them. Ask him why he can't or won't give you an estimate. There may be a similar response.
Folks often post questions on this forum asking what a case is "worth" in 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. Since you have an attorney, he is the one in the best position to value your case and otherwise give you guidance as to how to proceed. Best of luck to you...
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Your attorney is in the best position to evaluate the value of your case. But don't be discourage because your lawyer won't give you a figure. It is difficult to put a number on a case like yours due to the many factors involved. Be patient with the process and have confidence that your lawyer will get the most out of your case as possible.
Your attorney would be the best person to answer this question. There are lots of variables that go into assessing value. For instance, you indicate that you have 5 herniated discs, however you do not indicate how old you are and whether there is causation between the accident and the discs. If there is causation between the two, are you suffering from radiculopathy, the impingement of a nerve at the bulging disc level. In other words, are you or have you ever suffered from numbness and tingling, or shooting pain into your upper or lower extremities, and are the symptoms that you have consistent with the level of the bulge. If this is the case you claim could potentially be worth more money. Further, if this is the case it would be important to speak to your orthopedic doctor and determine if your injury is permanent, what future care you may need, i.e. surgery to relieve the impingement, and whether you are at increased risk of future injury. That being said, your attorney would be best suited to answer your question, as anyone answering your question would be guessing.
I agree with your lawyer. You obviously have good liability and it sounds like consistent care since the accident. However, your question leads to more questions than answers. You reference five herniated discs and a seven and a half month treatment period. Are you still symptomatic? Are the herniation's linked to the accident by a doctor? If so, you have objective injury and I would imagine that your lawyer will be requesting a permanency report from your doctor. The AMA Guidelines would lead a doctor to not opine on permanency until at least twelve months out from the injury. IYou may well be premature in evaluating the value of your case. Moreover, what you receive is dependent not only on the settlement offer but also on what you need to pay back to health insurance, medical payment insurance and outstanding bills. I would concentrate on following the doctor's advice as to care, getting your bills paid by insurance and worry about case value when you are either fully recovered or have a doctor's opinion as to whether you have a permanent injury or will require future care.
If you are still in some form of treatment for your injuries and have not reached maximum medical improvement and have not been discharged by your physicians, I don't think that your lawyer would be in a good position to advise you of the potential value of your claim. If it has only been 7 months or so since your collision and you have such critical injuries, I think it will be much longer before you reach a medical end result.
I suggest you schedule a face-to-face meeting with your attorney to be brought up to date on case developments and the status of the insurance coverage.
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.
There are many, many facts that need to be known and explored before this question can be answered. Your lawyer knows all the facts of your case and is in the best position to judge its value. Your lawyer may be waiting until you fully recover from your injuries or until you have reached an end result in your treatment before putting a value on your claim. I know it's difficult but be patient, these things take time.
I agree with my counsel who are of the opinion that your attorney is in the best position to determine the value of your case. At seven months, you may not have reached permanency medically, therefore, will be difficult for an attorney to accurately gauge the value of your case. Most attorneys are hesitant to give the client a number on a case unless it appears that the statutory minimum insurance is the only source available for recovery from the defendant and there is no other expected source for settlement funds. If there were other people who were injured in the accident, that may make things more difficult as there are more people who would be trying to divvy up the pot. I wish you the best of luck.
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