Injured at work, I required an acdf with double fusion, followed by 5 months of physical therapy. Afterwards, before returning to work, my neurosurgeon and the company-designated one evaluated me; also, a physical therapy evaluation showed only 6...
DO NOT SETTLE! If you are taking Lyrica for the indefinite future and it is an accepted accident, your medication costs are more than $5,000.00 per year. You will need to see a doctor and have lab work to be on any medication, over time. Doctors may decide to add other meds to reinforce the Lyrica. That could double or even triple the cost.
On your facts, the permanency ONLY, on your injury is roughly 150 x (approx. 60% of your weekly gross pay). If your gross is $1000 / week, that is $90,000. IN ADDITION, there is the value of your medicine. To be able to bargain for that, your attorney may need to go to trial BEFORE you can settle. There is no way that you could try the case to a successful solution and then negotiate a settlement without an experienced attorney.
Representing yourself in Illinois Workers' Compensation claims is a lose-lose proposition. When you are represented, you have fewer headaches AND you get more money. It really is a no-brainer.
You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.
I got two tickets on different occasions and now suspended infraction is on my bmv record.
If correct, it means that you had NOT been adjudicated as Suspended BEFORE the second ticket so it was only charged as an infraction, rather than a Misdemeanor (fine and jail time). If you have a permit, do NOT pay the ticket, contact a traffic attorney and contact the BMV to learn why you are suspended and how to be compliant.See question
My husband was in a car accident last night. He was hit from the back which caused him to hit another vehicle. When the state troopers came they found alcohol on my husbands breath 2 cans of beer and a open gin bottle. They automatically put the a...
On your facts, your husband was NOT at fault. An experienced officer would have asked the driver that your husband was pushed into whether he felt one impact or two. If only one impact, it was from your husband getting pushed into him. If two impacts, your husband hit the car AND THEN was pushed into it by the car that hit him.
Your husband is still admitting to violation of the open container law which may more negatively impact your insurance than the accident.See question
Accident was a 10mph rear end collision at a stop sign, no airbags deployed and all said they were fine at the scene. Plaintiff has had 2 prior concussions and admits she has hit her head 2 more times after the accident. Once on her brothers kne...
The question then is whether you immediately forwarded any and all correspondence and Summons to YOUR insurance company, on receipt. If you did, they are responsible.
Unless your son was on an errand for you, he is personally liable, not you. From your facts, I assume your policy limits are $100K. Let's say the other driver was badly injured and truly merited $300,000. It will cost the other driver at least $10,000 to prepare for trial. If they are looking to prove-up a closed-head injury, they will almost certainly need to have a doctor testify at trial which will cost another $5,000. Even if they got a judgment for $300,000, how would they collect it from an 18yo? They MUST choose between accepting the $100,000 and collecting against your son. If they try to collect against your son, he will file bankruptcy and they will actually LOSE the $15,000 they spent preparing for trial OR they can take the $100,000 limits and agree NOT to sue your son. In this case, the prior concussions DO make her more vulnerable to injury. The subsequent head injuries are meaningless UNLESS they occurred before she was tested. If that were the case, she could NOT prove ANY injury from the car accident.
The only factor that is odd is the default. I have NEVER seen a judge refuse to vacate a default judgment against an unrepresented individual who later was represented by counsel. If the default was granted because you waited to tender this to your insurance, you are lucky they did not refuse to defend you/your son. As explained above, the plaintiff does NOT care about a verdict or judgment, they want to get paid. That means that the Plaintiff wants your insurance company to cover this as much as you do. A $27,000 check from Farmers' is worth more than a $270,000 judgment against an 18 yo who would be a fool to do anything but discharge it in bankruptcy. I really don't understand why you would be worried.See question
2 years ago I was involved in a pedestrian accident where the person that hit me was texting and driving while I was in a crosswalk. The insurance company already admitted fault of 100% on there own insured and there were witnesses. I recently fin...
Speak with your attorney in person. If your attorney wanted to settle the claim with compensation for a future surgery, she should have filed suit long ago. The ONLY way that will happen is if there is testimony from a reputable orthopaedic surgeon that 1.) you need surgery and 2.) the accident caused the need for surgery. You CANNOT get testimony without a deposition. You cannot take a deposition before you file suit so there was never any reasonable expectation of settlement above $80K - $99K on an unoperated back injury. Ask your attorney what the insurance company is using as a basis for its offer. Also remember that larger insurance policies are generally defended MORE aggressively.
You cannot be on maintenance pain meds without collateral damage, physically and psychologically.
You also cannot simply "change" attorneys after 18 months. Your attorney has a contract with you and she has a lien on your file. At a minimum, she is entitled to quantum meruit (hourly payment for work performed on your file). If you want to keep your attorney fees to 1/3 of the recovery, you would be asking your new attorney to work at a discounted rate because he would have to pay a portion of his fee to her.
Your attorney should have explained that after 3-6 months, physical therapy is going to be HEAVILY discounted or denied, altogether as unnecessary or unrelated because it really can't do any good beyond that point, without continuing, indefinitely. Your medical bills that will be considered for settlement include: 1.) the ambulance, EMT, and ER bills; 2.) MRI, X-ray, and CT scans; 3.) PT for 3-6 months; 4.) Injections; and 5.) Your orthopaedic doctor and any other tests he ordered. It will be VERY difficult for the doctor to defend a $20,000 wage loss on a claim with no surgery. Your ability to return to work should have been contemporaneously evaluated on a bi-weekly basis. If not, you'll be lucky to get 10%. My guess is that the insurance company will base any offer on special damages of no more than $40,000.00. Again, you need to discuss the dynamics with your attorney.See question
I was hit in a parking lot by some girl who was backing out of her spot carelessly. I called the police. They came, wrote up a report and then notified me that the driver who hit me is uninsured. My car had sustained $2,400 worth of damage. I'm ...
YOU decided to have a $1,000 deductible. You could have purchased a lower deductible. The person who hit you will never be able to drive, legally until she pays State Farm. State Farm MUST reimburse you. Nobody is going to file bankruptcy over $2400 so it actually IS likely that you will be repaid, eventually. In the meantime, your insurance company is doing as it should.See question
I was in an accident, not having a license or insurance, hit a guard rail and left the vehicle on the side of the road and went home. They found an alcoholic beverage in the car that wasn't mine, nor do i know where it has came from.
It is unwise to admit to three Misdemeanor offenses (Leaving the Scene of a Property Damage Accident & Driving Without a License & Driving Without Insurance) in a public forum. STOP posting and contact a traffic attorney or criminal defense attorney ASAP.See question
I was rear ended in an auto accident and got whiplash. Went to the emergency room that night and nothing broken, just soreness and neck, shoulder and back pain. Went to a Chiropractor once since then as well for help with neck and back stiffness. ...
When you make a claim for personal injury, you place your health at issue. In doing so, you waive your privacy rights relative to your medical condition. You may restrict a release so that it does NOT release Psychological records or records which would disclose HIV status as neither would relevant to an orthopaedic injury.
You should be evaluated by an orthopaedic doctor and then consult a personal injury attorney. Make the attorney explain specifically how he can add value to your claim.See question
I am charged with several felonies that the police have gotten their evidence by serving a warrant when no one was home and the snitch from which they started case from is in jail now for dui charges
No disrespect intended but we are attorneys, not the Great Karnak. You need to ask YOUR attorney why he is proceeding as he is. We have no way of knowing.See question
In November 2013 I was in a car accident (other drivers fault) I hit the other driver going 45mph all my airbags deployed EXCEPT the one in the steering wheel and my seat belt did not lock. I have a 2014 Ford Fiesta, the insurance company decided ...
You can sue anyone but you will have to do it on your own. A product liability suit could only be viable if you had catastrophic injury (think paralysis or brain damage). You would have to sue Ford and the airbag producer. Put in perspective, you could buy at least 10 new Ford Fiestas for what it would cost to prosecute the action. Even if you won, you have no damages so there would be no recovery.See question