Skip to main content

Do we have a case?

Pittsburgh, PA |

My husband was rear ended by a large garbage truck at a intersection. My husband was at a complete stop. The car was totaled. At that time the only injury my husband received was muscular neck and shoulder pain. He has been seeing a physical therapist for 10 months no relief. He started to have increased pain and left arm weakness. Therapist sent him for a MRI and it showed disc bulge with tiny focal left lateral disc herniation with slight cephalad migration arising from C6-7. He was sent to a neuro surgeon and is scheduled to have surgery C6-7 anterior cervical microdisectomy. My husband is also having left arm muscle atrophy. He is a constructio worker and has been off of work since November 2012. Our attorney is not telling us to we have a case? And about how much

+ Read More

Attorney answers 9


Yes you have a case. Consult with your lawyer about this. If you are not satisfied with your lawyer, consider hiring a new lawyer. It would be helpful for you to have a lawyer with substantial experience handling big truck wrecks and spine injuries. This is a pretty specialized area. I hope this helps. Good luck.


I would agree with Mr. Studinski. If you do not have a personal injury attorney, get one ASAP. If you do have one and you are not satisfied, consult with another to see if the advice you are getting is satisfactory or not.


If you have an attorney discuss your issues and concerns with him or her ASAP. Based on our the facts provided, it sounds like it. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


Your husband needs a good personal injury attorney right away. Go to the "find a lawyer" tab and look for one in your area.


Car Accident lawyers are asked the question of value all the time on accident cases. It is a difficult question and ethically we are not allowed to guarantee results. Attorneys know this is also true in light of the unpredictability of discovery and trial of the auto accident. Call a local attorney and get a second opinion. Sounds like more of a communication and interpersonal issue with the accident attorney you have.


It would appear that you have an excellent case based upon my 35 years of experience handling motor vehicle accidents with complex injury patterns. Your attorney will need to work closely with your physicians to determine if all of his problems are related to this accident. If you are not satisfied with the level of communications with your present attorney, you should frankly discuss this matter. If you are still not satisfied with the quality of your representation, then you should retain new counsel. Best of luck with your husband's medical problems and your case.


You should be communicating with your lawyer. If there is no communication, you may want to retain a new lawyer. A plethora of factors go into putting a number on a case. For more information about herniations, you are welcome to visit my website, and click the injuries tab, then the herniations tab. Good luck.


Based upon the facts you provided, you definitely have a case. How much is a different story. It seems that everyone always wants to know about that answer which is understandable because in the end, these claims are mainly about the money and only the money. However, how much is not something that we lawyers look up in a book or spreadsheet. We all have different notions about the value of a case and they are "personal " to everyone in different ways. Ultimately, a jury tells you what its worth. Experienced lawyers draw upon their experience with injury claims to evaluate a case. A seasoned lawyer would probably look into not only the pain and suffering that you husband was enduring and will endure for the rest of his life but also, the hard economic damages that come with that such as work loss and future loss of work or earning capacity. Not only that but what the future costs of treatment and medicine and probable procedures will be. A number of experts would need to be retained and hopefully, the large garbage truck has insurance. You should check with your own insurance company also and see if you have coverage in the event that the truck in either uninsured or under insured. The fact that your husband had a late onset of real injury is not detrimental and in some cases very telling about the injury and the causation between that and the accident. If you cannot communicate effectively with your attorney then you may need to meet with him and tell him or her that and get a new one. Best of luck to you and your husband



Thank you for answering my question. This is the first and hopefully last time we will have to sue someone. My husband and I both work, but my husband is the main bread winner. My husband also carries our health insurance...which if he dosn't work so many hours a year we either have to pay for our insurance or it gets dropped. We have a 11 year old with asthma and I have mixed connective tissue disease..which is Lupus, RA and Sojdrens disease. My husband is laid off at the moment due to no work so he is getting unemployment, but they will be calling him soon to go back and he won't be able to because of his surgery and of course the pain he is in and arm weakness. So his unemployment will stop. Not sure what we will do. I would not be able to work another job..I already work 40 plus hours a week and it takes all I have to get thru the week. My rheumotologist said I need to avoid stress, because it aggrovates my condition. So this accident has created one big pile of issues. Sorry to ramble on. I'm


It's unfortunate you are not getting the answers you are entitled to by those helping you. You do have a case. You should consult with an attorney right away.

From your facts it seems that liability/fault rests with the other driver. Value of damages is best analyzed upon completion of treatment.

Best of luck.

Gladys Wiles

The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website. Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients. Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. This Website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer