Sorry to hear about your injuries. I concur with my colleague. You will need to show records such as income tax returns, etc. to prove your loss of earnings. You should really discuss these issues more fully with your attorney.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Respectfully, you lawyer probably has volumes of documents, and we have one paragraph of information. He is in a much better position to answer.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
First off there is no specialty in bicycle accidents. An attorney that advertises they have a specialty in bicycle accidents is misleading you and the public and is violating the rules governing attorneys. Let me guess-the attorney is in Long Beach? If that is the case they should be reported to the State Bar.
Evaluating a case is very specific so it is not really possible through this forum. However, on the issue of surgery a recommendation for surgery that is not followed has significantly less value then a completed surgery. We have resolved theses types of cases from five figures into the mid six figures, but again every case is different. Note: There is a new case last week that asserts a claimant that fails to mitigate their damages by not following recommended medical advice can be held contributorily liable for the extent of their non-economic damages - ie pain & suffering. You may want to discuss this with your attorney.
You and/or your attorney can look up similar cases to yours in the Daily Journal's "Verdicts and Settlements" and get a general, ballpark idea of the value of your case. These results are also available on electronic legal research programs and sometimes even on the internet. Of course, if the case does not settle, it is ultimately up to the jury to decide the value of your damages and injuries and there are many "known" and "unknown" factors that go into a jury's deliberation and decision-making process, which is why settlement makes sense in so many cases.
Sign up to receive a 3-part series of useful information and advice about personal injury law.