I was traveling down a 2 lane highway with center lane used for turning. A ford f350 was sitting waiting to turn. I was traveling 60mph and when I was about 15 feet from the truck, it turned in from of me causing me to hit them head on. I was cut from my car by the jaws of life and taken by ambulance to the hospital, 3 hours later I was released. The other driver was ticketed for failure to yield ROW. I have suffered 3 bulged disc, a concussion, hiatal hernia, and my neurologist diagnosed me with multiple sclerosis caused by brain damage from the accident.
Hire counsel and allow them to assist you. Counsel will handle on a contingency fee and likely maximize your recovery.
The insurance company will never take you seriously unless you have a lawyer.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
There is no set amount of recovery for any type of injury claim. There is no magic book an attorney can consult in order to obtain a reasonable settlement range for a client. Each case is different and handled on its own merits.
No attorney in this forum will be able to answer this question for you with any reasonable degree of certainty. The assessment of a reasonable settlement range for bodily injury claims entails a full liability investigation, including reviewing all of the parties’ versions of the accident, an investigation into all of the available coverages and coverage limits for the injuries, a full review of the amount and area of property damage involved, whether the injured party had any pre-existing injuries, and a full review of all confirmed lost wages, out-of-pocket expenses, medical bills and medical treatment records.
After all that has been done, an attorney can give you his or her opinion regarding a reasonable settlement range. I would suggest you contact an attorney in your area as soon as possible to scope out all areas of insurance available to you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most even offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling personal injury cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
It is best for you to discuss this with a local attorney. There are many factors that go into a case settlement amount and it is best that you discuss them privately with an attorney than spelling them out on a public forum.
The value of your case depends on several factors.
The MS related to brain injury diagnosis needs to be fully investigated as the insurance company for the at fault driver will not accept that diagnosis without studies, literature and a medical analysis that excludes other possible causes. The amount of liability coverage is also an important question.
You need all of your medical records and billing statements.
A experienced lawyer needs to be consulted especially as to your brain injury.
I couldn't agree more with the previous answers from my fellow lawyers. It is impossible to evaluate your case based upon an online question. If a lawyer actually answered your question, you should run as fast as you can away from him/her. It sounds like you have a serious case. Hire a lawyer that handles personal injury litigation.
You should not settle without an attorney. Injuries this severe caused by such a bad, high-speed accident rise to the level of using an attorney to maximize the amount of your injury claim. Even after paying the Firm's fee, you will have more money in your pocket than if you try to handle the negotiations yourself. Without an attorney, the other driver's insurance company will never feel the legitimate threat of a lawsuit and never give you the full value for your injury claim.
Here's a different angle:
You seem to have some significant injuries. When you said your doctor linked the brain trauma to MS, I looked information on that link since for years they did not link the two. However, there is some evidence of it now. You will need an attorney willing to go that avenue. BUT, here's the new angle - I would recommend finding an attorney that will also look at your case as a product liability case (crashworthiness case), i.e. did the car protect you as it should have in the accident? You will want to have someone look at your vehicle with this perspective in mind. It is important to make sure your car stays available and safeguarded. When product cases are referred to my office, the first question I have is if the car (product) is still available. Don't let the insurance company sell it - notify them in writing the car needs to be protected as evidence in a potential products case (or get your attorney to do so). Ask them to put it on a legal hold. This is not a case you want to discuss with the insurance company without the advent of an attorney.
This answer should not be taken as legal advice for your particular issue since facts, laws and circumstances are different in each case requiring a more complete investigation for specific advice. This answer does not create an attorney-client relationship.
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