Asked about 1 year ago - Erie, PA
FlagI was in an accident in November of last year. I was life flighted to Pittsburgh from the scene of the accident. I suffered muscular sprains in my neck, shoulder, ankle, and foot as well as a lung contusion. I have been going to physical therapy for over two months now and I am finally getting better. I have 2 scars from the seatbelt and tissue damage on my knee from my it hitting the dash board. Supposedly tissue damage entitles a person with limited tort to file for pain and suffering. What should I expect/ask for so that I don't get cheated.
It is not appropriate to comment on the value of your claim at this time. You are still treating, and therefore, still "suffering." No attorney should answer this question until the full medical picture is in front of him or her. How much longer will you be treating? Will you have any permanent injury? Did you miss any time from work or have any other out of pocket expenses? These questions needs to be answered before an estimate can be made. My best suggestion is to contact an experienced personal injury attorney in your area immediately for a free consultation. I do not recommend trying to do this on your own...the insurance company WILL take advantage of you. Best of luck.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
www.joelhschwartz.com
I am not certain that your question is really susceptible to any type of realistic appraisal based on the limited information that you have provided. Rather, you should consult with an experienced personal injury lawyer wherein the attorney can review all of the records (and bills) from your treatment, evaluate the extent of your injuries, pain and suffering, degree of fault, and other pertinent issues. You will more than likely get "cheated" if you go the process of negotiating a settlement on your own, in the sense that an attorney will have greater bargaining power - knowledge is after all power. The trade off is the contingent fee that a lawyer will require from the settlement, which can be negotiable.
You need an attorney who handles auto cases, especially since you have limited tort. The responsible party's insurer is not likely to agree that the mere fact that you had tissue damage gets you over the limited tort threshhold. If your scarring qualifies as "permanent serious disfigurement", that might be sufficient. Having handled hundreds of these cases, I can tell you that each case rests on its own facts. It is impossible to say how much you should ask for.
Never deal with an insurance company directly or you will either get #1 no money or #2 a nuisance settlement. Find a lawyer with a low contigency fee, less than 30%, so you are left with the lion's share of the money, not your lawyer. Also, find a lawyer that won't deduct any costs from the settlement, as this could take away another 10% of your money. Also, make sure the lawyer gets the settlement completely classified as "pain and suffering" so you won't have to pay taxes on the money.
The question of whether you are entitled to an award for non-economic damages as the result of your injury depends on analysis of the medical facts fo your case. You have to be able to prove that you suffered a "serious impairment of a bodily function." Under Pennsylvania law, more than "tissue damage" is required to overcome the limited tort threshold; the focus is on how the injury affected your ability to function.
I can't advise you on the value of your case in a forum like this, but I would be happy to meet with you, with no obligation and no charge, in my office to discuss the best way to approach your case.
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